California Legislation Update


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

2020 opens with numerous legal challenges to California’s new employment laws taking effect on January 1, 2020.  The new laws targeted by business groups are AB 5, which makes it more difficult for businesses to classify workers as independent contractors, and AB 51, which prohibits employers from requiring mandatory arbitration agreements with employees.  If this

By Michael Thompson

Just two days before it was slated to take effect, California’s controversial new law on mandatory arbitration agreements is in legal limbo. AB 51, signed by the Governor in October, would make it an unlawful employment practice for an employer to require employees or applicants to “waive any right, forum, or procedure

With new legal requirements facing California employers by January 1, 2020, this Friday’s Five focuses on five initial steps that employers can begin implementing now:

1. Minimum Wage and Exempt Employees Salary Threshold: Adjust pay levels for increasing minimum wage and ensure exempt employees are paid minimum threshold salaries to qualify as exempt.

  • Effective January

The California legislature set its sights on limiting employers’ use of independent contractors in the gig economy, and it will have a dramatic impact for all employers.  AB 5, which codifies the California Supreme Court’s ABC test for independent contractors as set forth in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018)