May 10, 2021

Return to Work Considerations to Minimize Employee Claims

Return to Work Considerations to Minimize Employee Claims

As employees slowly return to the office, experts predict that we are in for a surge of employee lawsuits resulting from the pandemic and the way in which employees will be returned to work. We are also seeing increased activity as the courts and administrative agencies like the Labor Commissioner and Department of Fair Employment and Housing navigate the cases that continued to be filed during the shutdowns, while they had to work with less resources and at a reduced capacity.

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April 1, 2021

Employers Are Required to Provide an Additional Two Weeks of Paid Sick Leave Under SB 95

Employers Are Required to Provide an Additional Two Weeks of Paid Sick Leave Under SB 95

Senate Bill 95 (SB 95) went into effect this week, requiring most employers to provide two additional weeks of 2021 Supplemental Paid Sick Leave for COVID-19-related reasons. This requirement is separate from, and in addition to, California’s Paid Sick Leave Law, as well as the 2020 Families First Coronavirus Response Act (FFCRA). SB 95 provides employees with a new, additional entitlement of up to 80 hours of 2021 Supplemental Paid Sick Leave even if they already received paid sick leave due to COVID-19 under the FFCRA.
 

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March 29, 2021

Employers May Offer FFCRA Leave in Exchange for Tax Credits Until September 30, 2021

Employers May Offer FFCRA Leave in Exchange for Tax Credits Until September 30, 2021

President Biden recently signed the American Rescue Plan Act (ARPA) into law, which includes provisions that employers should consider as they continue to handle the impacts of COVID-19 in the workplace. There are many components to the ARPA and this blog addresses only its paid leave benefit provisions.

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March 11, 2021

IMPORTANCE OF DOCUMENTING MEAL BREAK VARIANCES TO REBUT PRESUMPTION OF VIOLATION

You may recall a few weeks ago we provided an update about an important new case, Donohue v. AMN Services, LLC, and its impact on rounding practices. You can read more about the underlying facts of the case here. We are highlighting Donohue again to further explore another significant issue affected by the case—missed, late, or short meal breaks.

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March 3, 2021

PER DIEM BENEFITS MUST BE INCLUDED IN OVERTIME RATE COURT RULES

PER DIEM BENEFITS MUST BE INCLUDED IN OVERTIME RATE COURT RULES

The Ninth Circuit Court of Appeals held recently that certain weekly per diem benefits must be included in an employee’s overtime pay. The decision in Clarke v. AMN Services, LLC (“Clarke”) is a good reminder to employers to make certain that overtime is being paid at the proper rate.

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