Carlson & Jayakumar

11/17/2021

AB 685 requires employers who receive notice of potential exposure to COVID-19 in the workplace to provide specified notifications to employees within one business day of the notice of potential exposure. The , which went into effect on January 1, 2021, also requires employers to report the cases to their local public health agency within 48 hours, if the number of cases qualifies as an outbreak. Online giant Amazon was recently fined $500,000 for concealing COVID-19 case numbers from its workers in California. This marks the first such action under California’s new “right to know” law. is required to notify its tens of thousands of warehouse workers of any new COVID-19 cases within one day and disclose the exact number of cases in their workplace.

Atty. Gen. Rob Bonta ordered Amazon to pay $500,000 and to better comply with state laws regulating the reporting of COVID-19 cases.

10/26/2021

While sincerely held religious beliefs can exempt employees from receiving mandated vaccinations, employers can still probe the consistency of an employee's beliefs to determine their sincerity. For example, if an employee opposes the vaccine because they oppose the use of fetal cells in research, do they also refuse other medications like Tylenol, which are developed using fetal cells? Employers who may be leery of probing the sincerity of employee’s beliefs, or who do not contest the sincerity of the employee’s beliefs, must provide reasonable accommodations.

In California, hundreds of public employees make claims as Christian legal group offers template exemption letter

08/23/2021

On Friday, Superior Court Judge Frank Roesch ruled that Proposition 22 is unconstitutional and unenforceable. Judge Roesch found that the , which allowed certain gig economy companies like and to classify their drivers as independent contractors, “limits the power of a future legislature to define app-based drivers as workers subject to workers’ compensation law.” A spokesperson for the Protect App-Based Drivers & Services Coalition said they plan to appeal the ruling, and will continue to classify their drivers as independent contractors “until the appeal process is complete.”

Supporters of the law plan to appeal

08/16/2021

physicians who spread information on vaccines that is not "factual, scientifically grounded and consensus-driven" may be at risk for disciplinary action for unprofessional conduct by the Medical Board of California. One Orange County pediatrician, for example, was sanctioned for spreading anti-vaccine advice and for issuing medical exemptions from vaccines for four children "without an appropriate medical basis."

State medical boards are warning doctors not to spread COVID falsehoods, but will that stop them?

08/03/2021

employers that ignore sexual harassment in the workplace not only risk lawsuits from employees, but also from the state’s Department of Fair Employment and Housing. In order to mitigate the risk of creating a toxic culture, employers should ensure that all employees complete their mandatory sexual harassment prevention training, establish channels for employees to report misconduct, promptly investigate allegations of harassment, and take remedial action when necessary.

California on Thursday filed a lawsuit alleging the video game company Activision Blizzard has a “pervasive ‘frat boy’ culture” where female employees are sexually harassed and paid and promoted less than male counterparts.

07/19/2021

The Supreme Court of California held that meal and rest period premiums must be based on the employee’s regular rate of pay, not their hourly rate of pay. The regular rate of pay includes not only hourly wages, but also non-discretionary payments for work performed, including shift differentials, commissions, and certain bonuses. Importantly, the Court refused to hold that its decision would only apply prospectively, meaning its interpretation may be applied retroactively.

07/16/2021

Starting on Sunday, residents of Los Angeles County, including Long Beach, will once again be required to wear masks in indoor public spaces, regardless of their vaccination status. This latest county order comes on the heels of a rise in community transmission of COVID-19 since California fully reopened on June 15, but is at odds with both the California Department of Public Health and the U.S. Centers for Disease Control and Prevention.

Faced with a rise in coronavirus cases, L.A. County will again require residents to mask up in indoor public spaces — regardless of vaccination status.

06/01/2021

Employers may now require employees to get vaccinated for and provide incentives to employees to voluntarily provide documentation or other confirmation that they received the vaccine, according to new guidance from the Equal Employment Opportunity Commission. However, there are exceptions. Employees who have a medical condition or sincerely held religious belief may opt out of getting vaccinated. In these cases, employers should consider all reasonable accommodations, such as and reassignment. In addition, incentives cannot be so substantial that they are considered “coercive.”

Employers can offer incentives to workers to become immunized, but they may not be coercive. Experts aren't sure what that means.

05/18/2021

Carlson & Jayakumar is a proud sponsor of the Wooden Floor’s Step Beyond Annual Celebration. The Wooden Floor empowers low-income youth to strengthen self-esteem, self-discipline, and their sense of accomplishment through dance, academic, and family programs. This year’s Step Beyond Annual Celebration celebrates the Wooden Floor’s 2021 class, which is the 17th consecutive graduating class to have 100 percent of students on track to finish high school on time and enroll in higher education. We applaud each member of the 2021 class for their hard work, dedication, and commitment to achievement.

9th Step Beyond Annual Celebration 3:00 PM | May 27, 2021Online Celebration 3:00 PM | MAY 27, 2021 Online Celebration Celebrate and support the Class of 2021, The Wooden Floor’s 17th consecutive graduating class to have 100 percent of students on track to finish high school on time and enroll in h...

04/21/2021

employers in the and services industries are required to offer new positions for similar work to employees who were laid off during the COVID-19 pandemic. Employees who qualify for rehire had to be employed for more than six months in the 12 months preceding January 1, 2020 and had to be laid off for non-disciplinary reasons.

Senate Bill 93 requires employers in hospitality and business services industries to offer new positions for similar work to employees laid off during the pandemic.

03/17/2021

Under the American Rescue Plan Act ( ), employers who grant workers paid and emergency family leave will receive the same tax credits that were available under the Families First Coronavirus Response Act ( ). The new law also resets the 10-day limit for the tax credit for paid sick leave under the FFCRA as of April 1, and provides tax credits to employers who grant paid sick leave and paid family leave to workers who are getting vaccinated for , recovering from complications due to getting the vaccine, or awaiting results of a COVID-19 test or diagnosis.

Background The American Rescue Plan Act of 2021 (ARPA) extends and expands provisions found in the Families First Coronavirus Relief …

03/10/2021

Accurately tracking hours is critical for employers with non-exempt employees or who are paid by the hour. Failing to pay non-exempt employees for overtime, and meal and rest breaks can result in sizable penalties for wages, premium pay, liquidated damages, and waiting time and other penalties.

The California Labor Commissioner’s Office has fined Green Messengers and Amazon.com Services a total of $6.4 million for what it said was wage theft from delivery drivers.