California Legislation Update

Employers only have to read the following paragraph from JoeBiden.com to get an overall sense of what employment legal changes are likely under a potential Biden administration:

Yet employers steal about $15 billion a year from working people just by paying workers less than the minimum wage. On top of that, workers experience huge losses

California passed sweeping legislation that imposes new reporting requirements in 2021 on employers regarding COVID-19 cases in the workplace.  The new law, AB 685, also provides California’s Division of Occupational Safety and Health (Cal-OSHA) expansive authority to close workplaces based on the threat of COVID-19.  Here are five issues California employers need to understand

Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws passed in this legislative session.  Attorneys from the firm discuss 5 general areas of new legislation facing California employers:

    • Coronavirus Bills
    • Leaves of Absence Bills
    • Wage and Hour Bills
    • Harassment/Discrimination/Retaliation Bills
    • Minimum wage increases in 2021 on


On Wednesday, April 29, the Los Angeles City Council adopted the Worker Retention and Right of Recall Ordinances.  During the April 22 Council meeting, the Ordinances were amended, among other things, to cover only certain businesses.  Specifically, only airport businesses, commercial property businesses, event center businesses, and hotel businesses (and restaurants within the physical premises

Due to the effect COVID-19 has had on the economy and across all industries, Los Angeles City has been in the forefront of protecting the workforce by providing further benefits and protections to workers.  Simultaneously, however, new worker protections effectively translate into new burdens on employers.

Last week, the City Council addressed and amended two

Governor Newsom

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which provides new paid sick leave to certain food service workers. Citing a need to fill a “gap” left by the federal Families First Coronavirus Response Act, which applies solely to employers with fewer than 500 employees, this new Executive Order provides up to 80 hours of “COVID-19 Supplemental Paid Sick Leave” to defined food sector workers.

(Zaller Law Group is hosting a free webinar on Friday, April 24, 2020, to discuss this new Executive Order and answer your questions. Join us for Understanding California’s New Paid Sick Leave Requirements For Food Sector Employees.)

Here is what you need to know.

What employers are covered?

Executive Order N-51-20 applies to employers with 500 or more employees in the United States, including full-time and part-time workers but not including independent contractors. Employees on leave of any kind are counted, but employees furloughed or laid off are not counted unless and until they are reemployed.

The Executive Order expressly applies to any “Delivery Network Company” (companies that use a website or mobile app to enable local delivery of products/food from third-party merchants; think Postmates or GrubHub) and any “Transportation Network Company” (companies that provide transportation services using online apps/platforms that connect passengers with drivers using a personal vehicle; think Uber or Lyft) that employs 500 or more employees.

As with the FFCRA and FMLA, common employees of joint or integrated employers must be counted together.

There is one exception: if, as of April 16, 2020, the employer already provides a “supplemental benefit” such as paid leave that provides the same or greater benefit provided by this Executive Order, then the employer does not have to provide the COVID-19 Supplemental Paid Sick Leave.

What employees are entitled to Supplemental Paid Sick Leave?

The Executive Order applies to “Food Sector Workers,” which it defines as any person who satisfies one of the following criteria:


Continue Reading California’s COVID-19 Supplemental Paid Sick Leave Order: What Employers Need to Know

Facebook’s $550 million settlement announced this week to resolve a lawsuit alleging it violated Illinois’ Biometric Information Privacy Act (BIPA) is the largest consumer privacy settlement in the United States.  While the case was under Illinois law, California recently joined Illinois and other states in providing consumers (and employees) rights and control over their personal