Tag Archives: California Labor & Employmet

California Makes A U-Turn

This week California ordered the re-closure of certain higher risk workplaces, in response to an increase in the spread of Coronavirus Disease 2019 (COVID-19) in some parts of the state. The statewide order requires the following businesses to close immediately: Bars, pubs, and breweries, regardless of whether operating indoors or outdoors. However, outdoor operations may … Continue Reading

California Requires Face Coverings as Coronavirus Cases Increases

As California enters Stage 2 of its “Resilience Roadmap” plan to reopen, California Governor Gavin Newsom and the California Department of Public Health issued further guidance on June 18, 2020, mandating all Californians wear face coverings in various “high-risk” settings.  The guidance updates a previous CDPH guidance (issued on April 1, 2020) that outlined best … Continue Reading

COVID-19 and Retirement Plan Partial Terminations

Among the longer-term considerations for employer layoff and furlough decisions is the impact on a single employer pension, profit sharing, or 401(k) plan. In general, a 401(k) plan can sustain a partial termination when 20% of the participants in a given year are involuntarily terminated. 26 U.S.C. §411(d); Rev. Proc. 2007-43. Partial termination is a … Continue Reading

Individual Manager Liability for Wage and Hour Violations Comes to California

California is not known as the most employer-friendly state from a wage and hour perspective. However, unlike federal courts, California courts have thus far been reluctant to allow claims to proceed against individual managers, officers and directors. Effective January 1, 2016, those high-level employees may refer to that reluctance as “how it was in the … Continue Reading

Labor Contractor and Independent Contractor Issues

California has, for a variety of reasons, become a particularly hostile environment for alternative workforces over the past few years. The court decisions over the past year have been quite aggressive in attacking a variety of independent contractor models. As has been the case, the key items of focus are the control the service recipient … Continue Reading
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