P•A•S Associates

Recent Changes to Independent Contractor Law Provides Additional Occupational Exemptions

Most employers are well aware of AB 5, which requires California employers to consider those who perform services for them as employees, not independent contractors, unless they pass the ABC test.  To be categorized as an independent contractor, they must (A) be free from the employer’s control, (B) perform work that is outside the usual …

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California Governor Immediately Expands Supplemental COVID-19 Paid Sick Leave

On September 9, 2020, Governor Newsom signed AB 1867, a bill that immediately expands supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by existing leaves. Early in the pandemic, there was talk of creating more COVID-19-related paid leave requirements to fill the “gaps” left by the Families First Coronavirus Response …

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FFCRA Back-To-School Questions Answered

Last week, the U.S. Department of Labor (DOL) clarified how the Families First Coronavirus Response Act’s (FFCRA) leave provisions apply to certain school closure scenarios. To briefly recap, the FFCRA provides both emergency paid sick leave and expanded family and medical leave for employees who are unable to work or telework because they need to …

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California Consumer Privacy Act (CCPA) Regulations In Effect

Passed in 2018 — and effective on January 1, 2020 — the California Consumer Privacy Act (CCPA) alters the way many for-profit businesses must operate. Generally, the CCPA provides California consumers rights over how and whether the personal data they provide to businesses is collected, retained and sold. Employers can now refer to recently approved …

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Opioid Use in the Workplace Guidance Released

In non-COVID-19-related news, last week, the Equal Employment Opportunity Commission (EEOC) released technical guidance on managing opioid addiction in the workplace. As opioid use and abuse increases nationally, the unique challenges these issues present in the workplace prompted this guidance. The guidance, which includes a Q&A on employee opioid use, fills in some gaps about …

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California Wildfires: Employee Pay, Smoke Protection

As of August 19, more than 360 wildfires were simultaneously raging across California, destroying property and prompting evacuation of hundreds of thousands of residents. On August 18, Newsom declared a statewide emergency due to the wildfires that have worsened due to both the current heat wave and continuous high winds. “We are deploying every resource …

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High Heat Warnings: How to Keep Outdoor Workers Safe

As California experiences record-breaking temperatures — excessive heat warnings and watches have been issued throughout California, including Sacramento, the San Francisco Bay Area, Los Angeles and more — the California Division of Occupational Safety and Health (commonly known as Cal/OSHA) reminds all employers with outdoor workers to take steps to prevent heat illness. Heat illness …

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Safe Reopening for Workers, Employers’ FAQs Answered

On July 28, 2020, the California Department of Industrial Relations (DIR) issued guidance, “Safe Reopening FAQs for Workers and Employers,” addressing a number of workplace-related issues as employers and employees continue to navigate through the COVID-19 pandemic. The guidance comes in the form of 16 frequently asked questions and is broken down into several topics. …

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COVID-19 and a New Hire’s Expired Idenity Document

We just hired an employee who doesn’t have a current identity document. Her driver license expired on April 1, and she says that she hasn’t been able to renew it due to COVID-19. Can we hire her? Yes. The U.S. Department of Homeland Security (DHS) issued a temporary policy beginning on May 1, 2020, that …

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