DLHA Law Group (a dba of De La Housaye & Associates, A Law Corporation)

DLHA Alert!- What happens if my employee tests positive for COVID-19?    Well, it depends. With one question, others come to mind, such as whether the employee reported to work and then tested positive for COVID-19, but never stepped into the employer’s place of business? Did the employee test for COVID-19 before they reported to work? These are some of the real situations faced by employers daily, and as some employers know, time is of the essence.   Due to the highly infectious nature of COVID-19, an employer must execute multiple steps under strict deadlines. To name a few, and generally speaking, the employer has several notice and reporting requirements to its employees, subcontractors, workers’ compensation insurance carrier, and local health departments. Additionally, the employer must conduct a COVID-19 case investigation and conduct contact tracing. All California employers must have a plan in place, as specified by Cal/OSHA.   With the COVID-19 pandemic nowhere near the end, 2022 will continue to present a host of new challenges for employers. If you are a CA employer with questions about what you should do if your employee tests positive for COVID-19, please contact info@dlhalaw.com. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above. #DLHAAlert #DLHALawGroup #DLHA #COVID-19 #business

We hope you are able to join us for this informative webinar!

For benefits offered by employers but otherwise not required by law, employers may offer those discretionary benefits based on their internal designations of employees as full-time or part-time. However, for benefits mandated by federal and California labor laws such as the CFRA and the ACA, an employer's internal definitions of full-time or part-time employees is irrelevant. Instead, labor laws mandate that certain benefits be provided to employees who exceed a number of hours worked per week, month, or year, depending on the specific law's requirements. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

The Ninth Circuit has recently released a decision on a case concerning employment arbitration agreements that may be instructive to many employers. In Ronderos v. USF Reddaway, Inc., Court ruled that an employment arbitration agreement was void because it was “unconscionable,” a legal term. This finding was based on many factors, including that the employee was required to sign the pre-printed arbitration agreement before he was even offered the job, and that many of the agreement’s terms favored the employer over the employee. This case demonstrates how complicated it can be to draft an employment arbitration agreement that will be enforceable, should a claim arise. Employers who are interested in using an arbitration agreement should consult with their counsel to ensure that the agreement is drafted in compliance with California law. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

Make sure your business is ready for Election Day! Employers must post a “Time Off For Voting” notice in the workplace at least 10 days before Election Day. You can get copies of the notice in 10 different languages from the CA Secretary of State at https://lnkd.in/g5Gt3Ea.

Assistive Animals at Work in CA If your employee says they need to bring a support animal to work, you should consider the request the same way you handle any other workplace accommodation request that is governed by the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). Talk with the employee to understand how the animal helps them effectively complete their essential job functions. Consider whether having an animal in the workplace creates an undue hardship for the business. Confirm with the employee that the animal behaves in situations it may encounter at work – for the animal’s safety and the safety of others. Like any other accommodation, there should be a balance between helping the employee perform at work and making sure the business can continue to function reasonably when the work modifications are put in place. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

We hope you will join us for this complimentary webinar. Attorneys Angela De La Housaye Ashley, Shirley Roberson & Shack Chew will share important information.

A few months ago, the California Legislature approved changes to the Private Attorneys General Act (“PAGA”), a statute that permits employees to “step into the shoes” of the state government and file lawsuits to enforce employment laws on behalf of other employees. Then, in August, the California Supreme Court announced two rulings in PAGA cases that impact the way such cases are decided in the future. In Stone v. Alameda Health System, the Court ruled that public employers are exempt from various California Labor Code provisions and PAGA penalties. More importantly for private employers, in Turrieta v. Lyft, Inc., the California Supreme Court ruled that, when there are multiple PAGA actions against the same employer and the claims overlap, the plaintiff in one case cannot prevent a settlement of those claims in another case. This makes PAGA cases easier to resolve. PAGA cases can be complex. Employers who receive notice of a PAGA claim should contact counsel to discuss their options.

Our firm is proud that Angela De La Housaye Ashley, founder and principal of DLHA Law Group, was the moderator and facilitator for the Walnut Creek City Council’s Candidate Forum. The Forum was hosted by the Walnut Creek Chamber of Commerce and Visitor’s Bureau. Ms. Ashley serves on the Board of Directors for the Chamber and is Vice Chair of Economic Development for the Chamber. She also sits on its East Bay Jobs Political Action Committee. The City Council election will fill three seats, two of which are held by incumbents who are running for office. For more on the Candidate’s Forum click on the link below to the YouTube video of the event. https://lnkd.in/gbUAMEwC

California employers should take notice that. beginning January 1, 2025, California's minimum wage will increase from $16 per hour to $16.50 per hour for employers of all sizes. Corresponding with this increase, the minimum salary requirements for full-time exempt employees will also increase from $66,560 per year to $68,640 per year. So far, this does not affect fast food restaurant employees, who have their own minimum wage of $20 per hour. Looking ahead to 2027, California is expected to continue its current formula of adjusting the California minimum wage requirements based on inflation rates. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.