Labor & Employment Law Blog

On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS), which operates under the Department of Homeland Security (DHS), announced and made available a new version of Form I-9 (Rev. 10/21/2019), Employment Eligibility Verification.  Employers may begin using the new form as of January 31, 2020 but must use this form exclusively no later than May 1, 2020 for all new employees or where any reverification applies.  The previous version,  which has a revision date of “Rev. 07/17/2017 N,” will be invalid as of April 30, 2020. After April 30, 2020, employers who fail to use the new Form I-9 may be subject to penalties under the Immigration and Nationality Act.

In yet another forum, the novel coronavirus pandemic has disrupted “business as usual.”  The U.S. Equal Opportunity Commission (“EEOC”) confirmed Tuesday that it has largely paused its issuance of key notices that start the clock for workers to sue their employers for discrimination. 

The California Judicial Council, under the leadership of Chief Justice Tani G. Cantil-Sakauye, is the policymaking body of the California courts.  In accordance with an executive order from Governor Gavin Newsom last month, on Monday April 6, 2020 the California Judicial Council approved 11 temporary emergency rules, extending deadlines and providing for remote litigation proceedings. 

On March 19, 2020, the United States Equal Employment Opportunity Commission (EEOC) issued guidance for employers on responding to legal concerns under the Americans with Disabilities Act (ADA) arising out the COVID-19 (Coronavirus) pandemic.  The guidance, What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, addresses common employer concerns about what medical inquiries an employer can make, when it can ask employees to leave the workplace based on such concerns, and under what circumstances an employer can ask for a doctor’s release from such employees before allowing them to return.  Among the key components of the guidance are the following:

With the rapid spread of the pandemic—COVID-19, employees have been sent home due to business closures, factory shutdowns, temporary lay-offs, and forced quarantines.  Other employees remain home due to their own illness, to care for someone who has fallen ill, or to care for children who can no longer attend school.  Amongst the chaos, many employees are scrambling to survive to pay rent, monthly bills and other expenses without any source of income.

The California Department of Industrial Relations (“DIR”), the agency that oversees the Department of Labor Standards Enforcement (“DLSE” or “the Labor Commissioner”), workers’ compensation, and Cal-OSHA (among other things), released guidelines confirming its interpretation of California wage and hour laws potentially applicable to the workplace in light of the spread of COVID-19.

In light of recent amendments to SB 1343, the California Department of Fair Employment and Housing (“DFEH”) issued an updated FAQ which sheds light on areas of ambiguity for employers regarding sexual harassment prevention training.   

On January 8, a trial court judge in Los Angeles issued an order finding the ABC Test—now used to determine independent contractor status in California—could not be applied to independent contractor truck drivers (“owner-operators”) due to federal pre-emption concerns.  While the decision represents a major victory for trucking companies, it will be subject to challenge.

As the end of the year descends upon us, it is time for workplaces to have their December gatherings, and like everything else in the employment setting these days, employers must be on their guard to not create situations that could lead to potential legal liabilities.  The following is a quick reminder of considerations for holiday parties.