A severance agreement is a release to be signed by an employee whose employment is separated in exchange for payment of money (or other consideration). This can be an effective tool to protect a company from future lawsuits and other risks. Below we discuss legal requirements when using a severance agreement as well as specific provisions that should be included in the agreement to protect the organization. Legal Requirements When Presenting A Severance Agreement Whenever severance agreements are used there are certain legal requirements that must be followed. As a preliminary matter, in order to be enforceable, the employee must... READ MORE

In a significant decision impacting employers’ ability to require new and current employees to agree to arbitrate their disputes, the Ninth Circuit Court of Appeals held by a 2-1 decision in Chamber of Commerce v. Bonta that AB51, enacted in California in 2019, which prohibited mandatory arbitration agreements, violated the Federal Arbitration Act.  Based upon its ruling, which reversed an earlier decision issued by the Ninth Circuit, employers can now require employees to enter arbitration agreements as a condition of employment.  California employers must now wait to see if the state of California will appeal to the full Ninth Circuit or the... READ MORE

Governor Newsom has signed AB 152 which extends an employer’s (with 26 or more employees) obligation to provide Covid-19 Supplemental Paid Sick Leave (“SPSL”) through December 31, 2022.  The prior law covering SPSL expired on September 30, 2022.   Although the new law extends paid leave through the end of this year, it does not create any additional benefits or leave that otherwise existed under the prior SPSL law that expired September 30, 2022.  Thus, if an employee already used their available banks of time under the prior SPSL law, no additional SPSL leave need be provided. For a complete breakdown... READ MORE

California employers are required to reimburse their employees for “all necessary business expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” (See California Labor Code section 2802.)  Employers failing to properly reimburse their employees for work-related expenses risk exposure for the unreimbursed expense, attorneys fees, and possibly a Private Attorney General (PAGA) claim or class action if the practice of not reimbursing employees is widespread.  Importantly, employers are obligated to proactively determine whether an employee is incurring expenses and cannot simply rely upon the argument that the employee never requested reimbursement.... READ MORE

This month we remind you of upcoming changes and deadlines coming at the end of this month related to California employment law and discuss a recent California decision impacting meal and rest period violation and premium pay reporting requirements. Increase in City of Los Angeles and Unincorporated County of Los Angeles Minimum Wage Requirements Effective July 1, 2022 Effective July 1, 2022, minimum wage for employees working within the City of Los Angeles will increase from $15.00 per hour to $16.04 per hour. The City of Los Angeles minimum wage rate applies to any employees who perform at least two... READ MORE

As a small business owner, self-employed person or wage earner who may earn income not subject to tax withholding (i.e., your employer withholds tax from your paycheck), you may want to look into making quarterly estimated tax payments to help avoid unexpected tax bills or a penalty. Typically, if one expects to owe $1,000 or more when filing their 2021 tax return, they need to make estimated tax payments. In addition to business owners and self-employed persons, sole proprietors, partners and S corporation shareholders are also expected to make tax payments. Corporations generally must make these payments if they expect... READ MORE

The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued a safe harbor allowing employers to exclude certain items from their gross receipts solely for determining eligibility for the Employee Retention Credit (ERC). The ERC is a refundable payroll tax credit available to eligible employers whose operations were fully or partially suspended due to a COVID-19 shutdown. Employers may be eligible for the ERC if its gross receipts for a calendar quarter decline by a certain percentage when compared to a prior calendar quarter. This safe harbor permits employers to exclude certain stimulus proceeds from gross receipts... READ MORE

Paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARP) are available to eligible employers for providing leave to employees to accompany a family member, household member or certain other individuals to obtain or recover from the COVID-19 immunization. Eligible employers can tax credits for the cost of providing paid sick and family leave for reasons related to COVID-19 including qualified leave wages and certain other wage-related expenses (such as health plan expenses and certain collectively bargained benefits). The ARP tax credits are available to eligible employers that pay sick and family leave for... READ MORE

In the face of the recent upswing of Covid-19 cases related to the Delta variant, many employers have elected to require all of their workers be vaccinated. But what is an employer to do if an employee refuses to be vaccinated? As a preliminary matter, the California Department of Fair Employment and Housing (“DFEH”) has issued an opinion that California employers may mandate Covid-19 vaccinations for its employees. However, the employer must engage in an interactive dialogue with employees who have a disability-related or religious reason for refusing an FDA-approved vaccine. Note however, an employee who doesn't "trust that the... READ MORE

Cal/OSHA has enacted a standard detailing notification and reporting requirements for when there is a COVID-19 case in the workplace. Per the standard, a COVID-19 case is defined as someone who: Has a positive COVID-19 test;Has a positive COVID-19 diagnosis from a licensed healthcare provider;Is subject to a COVID-19-related order to isolate issued by a local or state health official; orHas died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of the country. Under Cal/OSHA’s standard, when the employer knows or should have known there is a COVID-19 case in... READ MORE