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New California Law Imposes Successor Liability for Unpaid Wages

Recently enacted AB 3075 (effective January 1, 2021) amends the California Labor Code to impose successor liability for unpaid wages owed to any of the predecessor/judgment debtor’s former employees. The following assembly bill analysis provides insight into the reason for enacting this law: “Assembly Bill 3075 will ensure employers cannot...

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California Supreme Court Rules that “ABC” Test Applies Retroactively

On January 14, 2021, the California Supreme Court held that the “ABC” test laid out in its decision in Dynamex v. Superior Court[1], for determining worker classification, applies retroactively. The Dynamex case was decided on April 30, 2018. In Dynamex, the Court held that whether a worker is properly classified as an employee or independent...

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California Court of Appeals Holds that Title Insurance Policy Terminated When Individual Insured Transferred Title to a Wholly-Owned LLC

A recent unpublished California Court of Appeals decision in Pak v. First American Title Insurance Company, 2020 WL 6886551, involved issues important to the title insurance industry and its insureds. The California Court of Appeals held that coverage under a title insurance policy terminated when the originally-named insureds transferred title to their...

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EEOC Provides Guidance for Employers on COVID-19 Vaccinations

The Equal Employment Opportunity Commission (“EEOC”) issued guidance for employers relating to mandating employee COVID-19 vaccinations as a condition of employment. The EEOC confirmed that employers can legally require their employees to receive a COVID-19 vaccination, subject to several caveats. The primary legal restrictions on employers...

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SEXUAL HARASSMENT PREVENTION TRAINING DEADLINE IS APPROACHING

All California businesses must be in compliance with California’s Sexual Harassment Prevention Training by January 1, 2021. Employers should review their sexual harassment training obligations to ensure compliance. SB 1343 requires that all employers of 5 or more employees provide 1 hour of sexual harassment and abusive conduct prevention training to...

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CAL-OSHA’S NEW EMERGENCY COVID-19 PREVENTION PROGRAM

On November 19, 2020, the California Occupational Safety and Health Standards Board implemented new temporary emergency COVID-19 regulations related to prevention and response to COVID-19 in the workplace. Yesterday, the California Office of Administrative Law (“OAL”) approved the emergency regulations. Now that the OAL has approved the...

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