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As a result of the #MeToo Movement, California Senators and Assembly Members introduced numerous bills on sexual harassment prevention. One of the laws that passed included SB 820, the “Stand Together Against Non-Disclosure” (STAND) Act. The STAND Act prohibited preventing the disclosure of factual information relating to claims of sexual assault, sexual harassment, or harassment or discrimination based on sex, filed in a civil or administrative action. Such provisions, if included in settlement agreements, are void as a matter of law and against public policy.
Today the Los Angeles City Council passed an ordinance requiring proof of vaccination against COVID-19 for patrons to enter indoor public spaces in the city. The ordinance will require patrons to be vaccinated to enter certain establishments such as restaurants, bars, nightclubs, gyms, sports arenas, spas, salons, shopping malls, and others. The ordinance will also apply to large outdoor events.
LA Requires Labor Peace Agreements for Hospitality Operations on LA County Property
October 5, 2021 • W. Baker Gerwig, IV
Category: Legal Updates
At the September 15 meeting, the Los Angeles County Board of Supervisors adopted a new policy that will affect hospitality businesses operating on Los Angeles County property. Policy 5.290 was recommended to the Board in a letter from the office of the County’s Chief Executive Officer. The Policy affects how labor disputes are handled at “hospitality operations” on County-owned or operated properties. “Hospitality operators” is defined in the Policy to include hotels, restaurants, and hospitality/food concessionaires. The Policy will apply regardless of whether or not the entity conducting such operations has leased directly with the County or with the County’s “lessee, licensee, or concessionaire.” It also applies to subleases, sublicenses, assignments, and transfers.
LA County to Issue Mandate for Bars, Nightclubs, and Restaurants
September 16, 2021
Category: Legal Updates
Los Angeles County will require proof of vaccination for customers and employees at indoor bars, wineries, breweries, nightclubs, and lounges. Under the order, customers and employees at indoor nightlife establishments will need to have at least one dose of the COVID-19 vaccine by October 7 and receive the second dose by November 4, 2021. The order will strongly recommend (but fall short of requiring) vaccine verification for indoor restaurants.
California Law Limiting Mandatory Arbitration Agreements is Mostly Upheld by the Ninth Circuit
September 16, 2021 • Christina Tantoy
Category: Legal Updates
On September 15, 2021, the Ninth Circuit lifted an injunction and mostly upheld a California law, known as Assembly Bill 51 (“AB-51”), that prohibits mandatory arbitration agreements. AB-51 invalidates mandatory arbitration agreements that are a condition of employment, including mandatory agreements that allow an employee to “opt-out” of the arbitration provisions.
California Labor Commissioner Guidance Requires Employers to Pay for COVID Test and Testing Time
September 10, 2021 • Jordan A. Fishman
Category: Legal Updates
Employers may legally require their employees be vaccinated. Consistent with California’s FEHA, all employers with five or more employees have an affirmative duty to make a reasonable accommodation for any employee with a disability or sincerely-held religious belief. Employers must engage in a good faith, interactive process with employees in these situations. One such accommodation may be to require routine COVID-19 testing in lieu of vaccination.
Nationwide Vaccine and PTO Mandate for Employers with 100+ Employees
September 10, 2021
Category: Legal Updates
Yesterday, President Joe Biden announced new vaccine requirements for federal and private sector workers in an effort to increase COVID-19 vaccinations and curb the ongoing spread of the delta variant.
San Francisco Implements Vaccination Mandate for Certain Employees
September 2, 2021 • Christina Tantoy
Category: Legal Updates
Earlier this month, the City of San Francisco revised its “Safer Return Together” Health Order to require restaurants (indoor dining), bars, clubs, gyms, and large indoor events to obtain proof of vaccination from patrons and employees.
State of Florida Continues to Challenge COVID-19 Vaccine Requirements
August 26, 2021 • W. Baker Gerwig, IV
Category: Legal Updates
Florida Governor Rick DeSantis has issued a statement that the State of Florida will appeal a recent preliminary injunction granted by US District Judge Kathleen Williams blocking the State from enforcing a recent law banning “vaccine passports” against Norwegian Cruise Line Holdings.
City of Los Angeles Consider Vaccination Requirement for Indoor Patrons
August 25, 2021
Category: Legal Updates
On August 11, 2021, the Los Angeles City Council voted to instruct City Attorney Mike Feuer to draft an ordinance that requires customers to show proof of receiving at least one dose of the COVID-19 vaccine prior to entering indoor public spaces. The ordinance would apply to restaurants, bars, retail stores, fitness centers, spas and entertainment facilities such as stadiums, concert venues and movie theatres.