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On August 2, 2021, the City Council of West Hollywood approved a Hotel Worker Ordinance, which establishes additional protections for hotel workers in the City of West Hollywood. The ordinance includes provisions on the use of personal security devices, workload limitations based on square footage, right to recall, and hotel worker retention. The ordinance also includes novel provisions such as the creation of a “Public Housekeeping Training Organization” and financial hardship waivers.
Reasonable Cause Relief from ACA Reporting Penalties
August 12, 2021 • W. Baker Gerwig, IV
Category: Publications
The Affordable Care Act requires covered employers to report that they offered minimum essential coverage to their employees by filing IRS Forms 1094-C and 1095-C. Until recently, the IRS offered “good-faith transition relief,” which allowed businesses to avoid penalties related to the submission of incorrect or incomplete information in Form 1094-C and 1095-C filings, including missing or incorrect Taxpayer Identification Numbers (TINs), dates of birth, and other vital information. Under that policy, a business that submitted forms containing any incorrect or incomplete information could avoid penalties simply by demonstrating to the IRS that it had made a “good-faith” effort to comply with ACA regulations when furnishing the forms to individuals and filing with the IRS.
Labor Commissioner Releases California Right to Recall FAQs
August 11, 2021 • Shirley A. Gauvin
Category: Legal Updates
As California and the U.S. enjoy a surge in the travel industry again, the newly codified Labor Code section 2810.8 sets forth the obligations of California employers with regard to the recall of laid-off employees in many hospitality positions. The new law took effect on April 16, 2021 and expires on December 31, 2024.
Indoor Mask Mandate Returns to LA County and City of Pasadena in Response to Increased COVID-19 Cases
July 22, 2021
Category: Legal Updates
Amid trends of increased community transmission of COVID-19, at least 17 counties across California are now recommending residents wear face-coverings in indoor public spaces. However, only Los Angeles County has mandated the use of face-coverings indoors for everyone. Similarly, the City of Pasadena announced via Twitter that the Pasadena Public Health Department will be issuing an order requiring face masks indoors regardless of vaccination status in public settings and businesses. Details of the Pasadena order are expected to be published later this week.
California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of Calculating Meal and Rest Break Premiums
July 21, 2021
Category: Legal Updates
On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision.
Biden’s Executive Order on on Non-Compete Clauses & Agreements
July 19, 2021
Category: Legal Updates
On July 9, 2021, President Biden issued his Executive Order directing federal agencies to implement seventy-two different initiatives intended to promote competition across the American economy. Ideally, these initiatives will spur economic growth and recovery. Critical for employers, President Biden’s “Executive Order on Promoting Competition in the American Economy” seeks to ban or limit the ability of employers to use non-compete agreements in order to make it easier to change jobs and raise wages. Although the executive order does not render non-compete provisions illegal, employers should take particular caution in deciding whether a non-compete provision is necessary to protect their business interests moving forward.
Unionized employers in Illinois may have a useful defense to expensive employee BIPA lawsuits: the management rights clause and federal preemption law. A grievance might be a lot cheaper than a lawsuit.
Cal-OSHA Adopts Revisions to COVID-19 Emergency Temporary Standards in the Workplace
June 23, 2021 • Christina Tantoy
Category: Legal Updates
On June 17, 2021, the Cal-OSHA Board voted 5-1 to adopt its proposed revisions to its Emergency Temporary Standards (ETS), which much more closely align with the CDC guidance. That same day, Governor Gavin Newsom signed an Executive Order enabling these rules to go into effect immediately. The revised ETS, among other things, allows fully vaccinated workers to discontinue mask usage and social distancing.
California Labor Code Section 226: Clarifications on Compliance with Wage Statement Overtime Listings
June 22, 2021 • Shirley A. Gauvin
Category: Legal Updates
Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granting this extraordinary relief. Apart from clear error, the requirement of showing irreparable harm is a hurdle that derails even the strongest advocates, but some cases present such important questions of law, they warrant a writ. General Atomics v. Superior Court, filed May 28, 2021, was one such case.
Santa Clara County Mandates That Employers Track Vaccination Status
June 1, 2021
Category: Legal Updates
On May 18, 2021, Santa Clara County’s Health Officer passed a public health order requiring businesses to track the vaccination status of their employees, contractors, or volunteers by June 1, 2021. Businesses must now take steps to determine whether each of their employees is fully vaccinated or not, regardless of whether they are working remotely or on-site. They must also maintain records for each staff member reflecting that person’s vaccinated status.