Articles Posted in Employment Law

Governor Newsom Is Dropping 95% Of Executive COVID-Related Orders in California
Thomas M. Lee

On February 25, 2022, Governor Gavin Newsom announced that he will be lifting 95% of California’s coronavirus-related executive order provisions. In accordance with the new endemic strategy, the California Department of Health and Human Services (CDPH) issued revised mask guidance on February 28, 2022. From March 1, 2022, vaccinated and unvaccinated people will not be…

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California Paid COVID Sick Leave Returns
Thomas M. Lee

On February 9, 2022, Governor Newsom signed legislation extending COVID-19 supplemental paid sick leave to California workers, which becomes effective February 19, 2022, 10 days after enactment. The legislation extends up to 40 hours of paid sick leave to full-time employees of companies with 26 or more employees. Employees who are eligible will receive up…

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EOIR Extends Certain Hearings Due to COVID-19
Thomas M. Lee

The Executive Office for Immigration Review (EOIR) started postponing non-detained and non-represented cases on January 10, 2022. Currently, the EOIR announced that non-detained and non-represented cases are further postponed till February 7, 2022, due to COVID-19. Hearings will continue via phone or online for detained cases and non-detained individuals who are represented. Please note that…

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Supreme Court Blocks Nationwide Vaccine and Testing Mandate for Large Businesses
Thomas M. Lee

The Supreme Court on Thursday blocked the Biden administration from enforcing its vaccine-or-testing mandate for large employers, dealing a blow to a key element of its plan to address the pandemic. However, the court approved a more modest mandate mandating vaccination of health care workers in facilities that receive federal money. The emergency temporary standard,…

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Summary of CA’s New Employment Laws to Know in 2022
Thomas M. Lee

California’s protections for Employee rights at the workplace have been expanded to include more workplace protections, new criminal liabilities for wage theft, and requirements in response to COVID-19. 1) SB 331: The “Silenced No More Act,” which prohibits confidentiality clauses relating to sex-based discrimination and harassment, is amended to impose further restrictions for Employers concerning…

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An Employee May Avoid Arbitration by Denying They Remember Signing an Arbitration Agreement
Thomas M. Lee

The Court of Appeal in Gamboa v. Northeast Community Clinic, 2021 S.O.S. 6372, held today that a defendant employer must prove that a plaintiff employee has not only agreed to the signing of the arbitration agreement, but also remembers signing it. The Court explained that a former employee’s declaration that she did not recall signing…

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Certain U Nonimmigrant Petitioners May Receive a Refund for Employment Authorization Applications
Thomas M. Lee

From June 14 to September 29, 2021, USCIS erroneously rejected Form I-765, Application for Employment Authorization, from petitioners for U nonimmigrant status that were filed without a fee or request for fee waiver. USCIS also erroneously accepted fees for certain U nonimmigrant petitions that unnecessarily submitted a fee with their Form I-765. USCIS is trying…

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The Statute of Limitations Do Not Apply to Employees Pursing a PAGA Action
Thomas M. Lee

On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held that an aggrieved employee whose individual claim was time-barred had standing to pursue a representative claim under the Private Attorney General Act of 2004 (PAGA) on behalf of other allegedly aggrieved employees regardless of whether the employee was personally aggrieved (Johnson v.…

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