Articles Posted in Employment Law

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which limits the use of mandatory employment arbitration agreements. Previously, under Federal Arbitration Act, employers could require employees to submit most claims against their employers to arbitration by using a valid arbitration agreement. Before signing…

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…

The Labor Commissioner has posted a mandatory workplace poster and FAQ about the additional paid sick leave for COVID-19 in 2022. The new law took effect on February 19, 2022 for employers with 26 or more employees. Notifications may be sent to the employee electronically if the employee does not go to the physical workplace…

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…

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…

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,…

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…

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…

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…

On November 4, 2021, the West Hollywood City Council approved the highest minimum wage in the nation. In a unanimous vote early Thursday morning, the city council unanimously approved a $17.64 minimum wage. The measure will take effect on January 1, 2022 for all hotel workers and on July 1, 2022 for all other workers.…