Business and Employment Update

DECISIONS/REGULATIONS AFFECTING BUSINESSES

SB 95 was approved by the Governor on March 19, 2021.  It provides that beginning March 29, 2021, employers with 25 or more employees are required to provide COVID-19 supplemental paid sick leave to employees for specified COVID-related reasons.  An employee’s COVID-19 supplemental paid sick leave may be as much as 80 hours.  Details regarding these changes may be found in California Labor Code §§248.2 and 248.3.

SB 1383 has significantly increased the number of employers who are subject to the California Family Rights Act (“CFRA”).  Effective January 1, 2021, all employers with 5 or more employees are now subject to the CFRA.

AB 1947 provides individuals more time in which to file complaints with the Division of Labor Standards Enforcement.  Previously, individuals had only six (6) months in which to file such complaints.  Effective January 1, 2021, individuals now have one year to file such complaints.

The location of an employee’s work (and not just the employee’s residence) may determine which employment laws are applicable.  One court found that employees who lived outside the State of California, but traveled to California and performed some work in California, were subject to California employment laws.  Gulf Shore Logistics, LCC. v. Sup. Ct. 2020 WL 7137048 (Ca. Ct. App. December 7, 2020)

The statute of limitations for a Department of Fair Employment and Housing  (“DFEH”) complaint may be tolled pending the outcome of a worker’s compensation claim arising out of the same facts as the DFEH complaint.  Brome v. Ca. Highway Patrol (2020) 44 Cal. App. 4th 786.

One court found that an employer’s policy which required an employee to work for one year before paid vacation could vest was permissible.  Minnick v. Automotive Creations, Inc. (2017) 13 Cal. App. 5th 1000.

PRESENTATIONS

Mr. Jewell’s presentation in Spanish for entrepreneurs at the Santa Ana Main Library on September 24, 2018 and his presentation in Spanish for entrepreneurs at the Mexican Consulate in San Bernardino on September 25, 2018 were a success.  Thank you to Monica Robles and the attendees.

This information is for general purposes only and is not intended as legal advice.  Any liability that might arise from your use or reliance on this information is expressly disclaimed.  The reader is cautioned to seek the guidance of an experienced attorney when making any decision which might have legal implications.