Peter J. Brown

On December 15, 2022, the California Occupational Safety and Health Standards Board (“OSHSB”) promulgated new and permanent General Industry Safety Orders (“Permanent Standards”) addressing workplace health and safety issues related to COVID-19 (8 C.C.R. §§ 3205-3205.3). These Permanent Standards...

While unlikely to affect the current ABC test governing Independent Contractor status under the California Labor Code, we can expect legal challenges from Gig Economy employers.
On October 13, 2022, the U.S. Department of Labor (“DOL”) published a proposed rule to rescind and revise the regulations...

In the last month, the State has updated guidance and requirements on two important COVID-19-related subjects: (1) who qualifies as a “close contact” after a workplace exposure; and (2) what notice employers must provide in the event of a workplace exposure. This bulletin reviews these changes in...

On September 30, 2022, Governor Gavin Newsom signed Assembly Bill (“AB”) 152 into law.
The bill amends the Labor Codes, making several important changes to how COVID-19 Supplemental Paid Sick Leave (“SPSL”) is administered.
The changes to the law will take effect immediately.
The purpose of this...

Effective January 1, 2023, the minimum wage in California will be increased to $15.50 per hour for all employees.   The current State minimum wage for employers with 25 employees or less was $14.00 per hour and $15.00 per hour for employers with 26 or more employees. The $15.50 minimum wage applies...

We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful...

On September 15, 2022, the California Occupational Safety and Health Standards Board (“OSHSB”) held its first public meeting to consider a new workplace health and safety regulation related to COVID-19. This regulation would be in effect for two years and replace the COVID-19 Emergency Temporary...

Effective September 17, 2022, the California Department of Public Health (“CDPH”) rescinded a July 26, 2021 order, which required workers in high-risk settings, such as healthcare facilities, correctional facilities, and long term, adult, and senior care facilities, to verify their vaccination...

On August 11, 2022, the Centers for Disease Control and Prevention (“CDC”) published new guidance updating its approach to COVID-19 prevention. The new CDC guidance reflects some of the current requirements applicable to California employers, but it also includes several departures from State...

This principle used to be clear – paid administrative leave was outside the scope of adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and conditions of employment while on paid administrative leave.  For years, courts...

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated guidance concerning the interaction between the COVID-19 pandemic and the equal opportunity employment laws under its jurisdiction, including most notably the Americans with Disabilities Act (“ADA”).
The updated guidance...

The Department of Industrial Relations (“DIR”) recently published an initial draft of a regulation that, if adopted by the Occupational Safety and Health Standards Board (“OSHSB” or “Board”), would replace the Cal/OSHA COVID-19 Emergency Temporary Standard (“ETS”) which will expire on January 1,...

On June 8, 2022, the California Department of Public Health (“CDPH”) adopted new definitions for two terms that are critical to determining how employers must respond to COVID-19 cases in the workplace: “close contact” and “infectious period.”
The updated definitions will affect employer...

This post appeared in January 2022.  It has been reviewed and is up to date.
In light of the current surge in COVID-19 cases, it is important that employers understand their obligations in the event that there is a COVID-19 outbreak at one of their workplaces.
This blog post is intended to provide...

Read more ...

On April 6, 2022, the California Department of Public Health (“CDPH”) updated its guidance for local health jurisdictions on isolation and quarantine of the general public.  The new guidance removes quarantine recommendations for asymptomatic exposed people, regardless of vaccination status.  The...

On February 7, 2022, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings in indoor public settings and businesses. The new rules concerning the use of face coverings takes effect on February 16, 2022, except where a local jurisdiction...

On February 9, 2022, Governor Newsom signed Senate Bill (“SB”) 114 into law. The law reauthorizes COVID-19 Supplemental Paid Sick Leave (“SPSL”), providing paid leave entitlements to employees who are unable to work or telework due to a number of qualifying reasons related to COVID-19. The law...

On January 25, 2022, Governor Gavin Newsom announced that he and Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon reached agreement on a framework that would provide new COVID-19 Supplemental Paid Sick Leave (“SPSL”) entitlements to employees in the state.
While the...

On January 13, 2022, the Supreme Court of the United States issued two separate rulings in matters related to COVID-19.
The purpose of this bulletin is to explain those decisions and their import for employers in California.
Court Blocks Federal Vaccination/Test Mandate
In the most anticipated...

On January 8, 2022, the California Department of Public Health (“CDPH”) issued an updated All Facilities Letter (“AFL”) to hospitals and skilled nursing facilities (“SNFs”) advising them of the temporary removal of the isolation and quarantine requirements for certain health care personnel...

On January 8, 2022, the Department of Industrial Relations (“DIR”) provided updated guidance concerning isolation and quarantine requirements that apply to employees in employer workplaces. The guidance incorporates a recent California Department of Public Health (“CDPH”) update on isolation and...

On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation and quarantine periods for people who test positive for, or are exposed to, COVID-19. On December 30, 2021, the California Department of Public Health (“CDPH”) followed suit by partially...

On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation and quarantine periods for people who test positive for, or are exposed to COVID-19.  The reason for the change, according to the CDC, is that most transmissions of SARS-CoV-2 appear to...

On December 22, 2021, the California Department of Public Health (“CDPH”) amended an existing State Health Order to require that workers at health care facilities who are eligible, receive a COVID-19 vaccine booster no later than February 1, 2022 in order to continue working at such facilities....

On December 22, 2021, the United States Supreme Court stated that it would hear oral arguments on January 7, 2022 concerning the federal Occupational Safety and Health Administration (“OSHA”) regulation that requires that employees at middle and large-sized companies either be fully vaccinated...

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) released guidance clarifying the circumstances under which a COVID-19 case may constitute a disability under federal equal employment opportunity (“EEO”) laws, including the Americans with Disabilities Act (“ADA”) and...

On December 16, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted a number of amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations), which will likely take effect on December 26, 2021.
The purpose of this special bulletin is to identify and discuss...

On December 13, 2021, the California Department of Public Health (CDPH) issued updated guidance concerning the mandatory use of face coverings in indoor public settings between December 15, 2021 and January 15, 2022. On December 14, 2021, the CDPH issued a Face Coverings Q&A to clarify certain...

On December 13, 2021, the California Department of Public Health (CDPH) issued updated guidance concerning the use of face coverings. The guidance, which requires that all individuals, regardless of their vaccination status, wear face coverings while in indoor public settings between December 15,...

On December 2, 2021, President Biden announced new international travel restrictions following the emergence of the COVID-19 Omicron variant. The announcement is part of the Administration’s plan, “New Actions to Protect Americans Against the Delta and Omicron Variants as We Battle COVID-⁠19 this...

On November 18, 2021, the Occupational Safety and Health Standards Board (“OSHSB”) delayed consideration of newly proposed regulations related to vaccination, testing, and face coverings that it had previously indicated it would consider at this meeting.
The OSHSB provided that the delay was...

Partner Peter Brown and Associates Alex Volberding, Brian Dierzé and Daniel Seitz weighed in on the Occupational Safety and Health Administration’s (OSHA) new COVID-19 Emergency Temporary Standard in a Nov. 15 Daily Journal column entitled “Will OSHA’s new COVID regulation reach California...

On November 4, 2021, the Occupational Health and Safety Administration (OSHA) promulgated a new regulation intended to increase COVID-19 vaccination rates. President Biden previewed this regulation in September 2021 when he announced a six-part COVID-19 Action Plan to combat the spread of the...

On October 6, 2021, Governor Newsom signed into law Assembly Bill (AB) 654, which amends Labor Code section 6409.6 and modifies employer obligations related to reporting workplace COVID-19 exposures and outbreaks. The new law takes effect immediately and will remain in effect until January 1, 2023....

Under updated guidance issued by the California Department of Public Health (“CDPH”), certain asymptomatic unvaccinated employees who have had a close contact exposure to someone with COVID-19 may end their quarantine and return to work seven (7) days after the exposure as opposed to ten (10) days....

In March 2021, in response to the public health emergency caused by COVID-19, the California legislature adopted Senate Bill (SB) 95. The bill added Labor Code section 248.2, which required that employers provide COVID-19 Supplemental Paid Sick Leave (SPSL) to their employees in the event that an...

On September 9, President Biden issued a six-point COVID-19 action plan intended to increase COVID-19 vaccination rates and mitigate the negative public health consequences associated with the virus and its transmission in our communities.
Of most immediate interest and importance to employers in...

The U.S. Department of Justice (DOJ) recently published an opinion addressing whether entities, including employers, may require vaccinations for COVID-19 using vaccines approved by the Food and Drug Administration (FDA) under its Emergency Use Authorization (EUA) approval process.
The opinion...

In a July 23 KRON4 news segment, LCW Partner Peter Brown discussed the legality of vaccination mandates and the potential for legal challenges as some employers now push for mandatory vaccinations for their government employees.

Source: KRON4

LCW Partner Peter Brown and Associate Alex Volberding penned “Employer Comms Key To New Calif. COVID Rules Compliance” for the June 29 issue of Law360, which highlights the collaboration needed between employers and employees to increase the workforce vaccination rate and avoid negative operational...

On Thursday June 17, 2021, President Joe Biden signed legislation to make Juneteenth (June 19) a federal holiday.  A federal holiday generally means that non-essential federal government offices and services, such as the United States Postal Service, are closed. Every federal government employee is...

On June 3, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted regulatory amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations), which were to take effect on June 15.
However, on June 7, OSHSB noticed a special meeting for June 9 to consider new...

On May 28, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance guidance related to Equal Employment Opportunity (EEO) laws implicated by the public health emergency caused by COVID-19 and employers’ response to that emergency.
The updated guidance...

LCW Partner Peter Brown and Associate Alex Volberding authored the article “Guidance on COVID-19 and the Fair Labor Standards Act” in the May 12, 2021, issue of the Daily Journal. The piece explores the Department of Labor’s updated guidance on the FLSA and its application to common...

On May 20, the Occupational Safety and Health Standards Board (OSHSB) met to consider proposed amendments to and re-adoption of the Emergency Temporary Standards (ETS or Cal/OSHA COVID-19 Regulations). Rather than amend or re-adopt the regulations, the OSHSB, at the request of staff from the...

We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful...

On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund and opened the portal through which qualified governmental entities, including metropolitan cities and counties, may to apply to Treasury for...

On April 20, the Department of Industrial Relations (DIR) updated its guidance concerning Labor Code section 248.2 and provided its interpretation concerning the circumstances under which employees may qualify for COVID-19 Supplemental Paid Sick Leave (SPSL) due to the closure or unavailability of...

On April 15, 2021, the Department of Treasury released information concerning the pre-award requirements in order for certain local governmental entities to receive payments from Coronavirus Local Fiscal Recovery (“CLFR”) Fund for “covered costs” related to COVID-19 and for other limited purposes....

On March 11, 2021, the President signed into law the American Rescue Plan Act (“ARPA”), codifying a myriad of changes under the law, including to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), which provides continuation health coverage for certain employees after their separation...

On March 19, 2021, Governor Newsom signed into law Senate Bill (“SB”) 95, codifying at Labor Code section 248.2 new obligations on public agency employers to provide COVID-19 Supplemental Paid Sick Leave to employees who are unable to work or telework and have certain enumerated qualifying reasons...

On March 11, 2021, President Biden approved House Resolution (HR) 1319, the American Rescue Plan Act, signing it into law.
The Act provides aid to many groups, including aid to local governments through the 130-billion-dollar Coronavirus Local Fiscal Recovery (CLFR) Fund. The Act also extends CARES...

Peter Brown and Alexander Volberding were both recently quoted in “Can employers mandate the COVID-19 vaccine?” which was published in the Orange County Register, Daily Breeze, Inland Valley Daily Bulletin, Press-Telegram, Los Angeles Daily News, Pasadena Star-News, Redlands Daily Facts, The...

On March 8, 2021, the Centers for Disease Control and Prevention (CDC) released new guidance and interim public health recommendations for fully vaccinated individuals. The guidance provides that fully vaccinated individuals may resume certain activities, such as gathering indoors and without masks...

On March 6, the United States Senate adopted an amended version of House Resolution (“HR”) 1319, the American Rescue Plan Act of 2021, a $1.9 trillion legislative package intended to address the economic damage caused by COVID-19.
For local governments, the passage of the American Rescue Plan Act...

On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. This guidance now aligns with comparable advice provided by the Centers for Disease...

On January 6, 2021, the California Department of Public Health (CDPH) updated its November 13, 2020 travel advisory concerning non-essential interstate travel and the quarantine period for individuals who engage in such travel.
The new CDPH guidance makes two important changes to its prior travel...

While most employers have decided against mandating COVID-19 vaccinations, some employers are considering offering their employees vaccinations on a voluntary basis or other ways to encourage their employees to be vaccinated.
When an employer is deciding whether to adopt a “voluntary vaccination...

Peter Brown was quoted in the February 8, 2021 Daily Journal article “Third attempt to let legislative staff unionize has more support,” which highlighted the stakes of AB 314 and its potential effects on unionized workforces.  To read the article in its entirety, please click here.

On April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. The California Supreme Court reinterpreted and significantly altered the test for determining whether workers in...

Partner Peter Brown and Associate Alex Volberding were recently highlighted during a FOX News segment on employer-mandated vaccinations.

Peter Brown and Alexander Volberding recently penned a Bloomberg Law piece “Labor Law, Union Implications for Employer-Mandated Covid Vaccines,” which was published Jan. 21. The piece discusses how employers will likely have to bargain with labor organizations that represent their employees prior...

Partner Peter Brown was recently interviewed by KNX 1070 on the topic of employer-mandated vaccinations.

On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8...

On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations. In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act...

This article was reviewed January 2021 and the information is up-to-date.
 
On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.
In this bulletin, we address several...

On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have...

Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public...

On December 3, in order to slow the unprecedented rise in the rate of increase in COVID-19 cases and hospitalizations in the state, Governor Gavin Newsom announced a new Regional Stay At Home Order (the “Order”).
The Order will take effect on December 5, 2020 in any region of the state, as...

On December 2, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The guidance reduces the recommended quarantine period from 14 days to either 10...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 25, 2020, Liebert Cassidy Whitmore issued a special bulletin concerning an emergency regulation (8 C.C.R. 3205) that the California Occupational Safety and Health Standards Board (“OSHSB”) adopted concerning the adoption and implementation of a COVID-19 Prevention Program (“CPP”). The...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful...

On November 13, 2020, in response to alarming increases in the incidence rates of COVID-19 in other countries and states, the California Department of Public Health (“CDPH”) issued a travel advisory to California residents.
The travel advisory expressly recommends that California residents avoid...

On September 11, 2020, the Department of Labor (“DOL”) promulgated three revised regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. 826.) The revised regulations will take effect on September 16, 2020, upon publication of the revised rule...

On August 28, 2020, Governor Gavin Newsom announced a new risk-based framework by which the California Department of Public Health (“CDPH”) will determine what activities are permitted in counties throughout the state (“Blueprint for a Safer Economy”). While most governmental operations are...

The United Stated Department of Labor has issued a final rule updating its regulations regarding joint employer status under the FLSA.  This bulletin will discuss the final rule and how it could affect whether an employee who works for you could be considered an employee who works for joint...

Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”) or State Disability Insurance (“SDI”), two benefits established under California law.
PFL provides 60-70% wage...

Note: This is the second of a two-part series concerning federal unemployment assistance. You may access the first bulletin here.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government...

In public school and community college districts that participate in the State Disability Insurance (“SDI”) program, employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”), a...

Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”), a benefit established under California law. PFL provides 60-70% wage replacement benefits for up to 6 weeks (8 weeks...

J. Scott Tiedemann, Peter Brown, and Steve Berliner were interviewed in the Daily Journal to discuss advising clients in the time of COVID-19.  Topics discussed include public safety advice, labor relations issues, and retirement counsel during a pandemic.  To read the full article, please visit...

On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), which effectively imposed a statewide shutdown of non-essential business and governmental operations.  This Special Bulletin was updated on April 6 to reflect the most current guidance and orders.
The analysis...

On March 27, President Trump signed into law HR 748, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which provides for $2 trillion in relief assistance to businesses, non-profits, state and local governments, public agencies and special districts, public elementary and secondary...

On March 18, 2020, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the Senate passed the Families First Coronavirus Response Act (the Act) and President Trump signed the bill into law a few hours later.  We initially reported on this...

On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act).  The bill will now move to the Senate, where it...

On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act).  The bill will now move to the Senate, where it...

Under the federal Fair Labor Standards Act, employers are required to pay overtime to non-exempt employees at one-and-one-half times the employee’s “regular rate of pay” for all time worked in excess of 40 hours in a workweek. The regular rate is not necessarily the same as the employee’s normal...

Today, September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule modifying the weekly salary and annual compensation threshold levels for white collar exemptions to the Fair Labor Standards Act (FLSA) overtime requirements. The final rule will become effective on January 1,...

This article discusses the proposed new rules on the Fair Labor Standards Act (FLSA)’s regular rate of pay requirements by the Department of Labor (DOL). If and when the final rules are issued, this revision would be the first substantive change to the DOL’s regular rate guidelines in 50 years....

Peter Brown and Megan Atkinson authored an article for the Daily Journal that discusses the Court of Appeal case Marquez v. City of Long Beach (244 Cal. Rptr. 3557 (2019)).The Court of Appeal held that California’s state minimum wage applies to all public employers, including charter cities and all...