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Updates to Masking Requirements for Students and Employees

The California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC) recently released new guidance, which includes changes to the legal requirements for face masks and new health and safety recommendations for local educational agencies to consider.

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California Whistleblower Retaliation Claims Subject to Statutory Test Rather than Higher Federal Standard

In Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th703, the California Supreme Court determined that the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5 is the framework prescribed by statute in Labor Code section 1102.6 rather than the well-established burden shifting framework set forth in McDonnel Douglas

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Additional COVID-19 Supplemental Paid Sick Leave Now Available

Since the State-provided Supplemental Paid Sick Leave (Senate Bill 95) expired at the end of September 2021, and with the recent COVID-19 surge due to the Omicron variant, both employees and employers have wondered whether the Legislature and Governor would again grant additional paid sick leave to employees affected by COVID-19.

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Cal/OSHA's Enforcement and Citation Powers Expand Under SB 606

On September 27, 2021, Governor Newsom approved Senate Bill (SB) 606, which added and amended multiple sections of the Labor Code. SB 606 took effect January 1, 2022, and expanded the enforcement powers of California’s Division of Occupational Safety and Health (Cal/OSHA), with costly implications for employers that do not heed the new changes.

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Court of Appeal Clarifies Executive Order's Effect on Government Claim Deadlines

In response to the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-35-20 on March 21, 2020 (Executive Order). The Executive Order extends the time by which a claim must be presented to a public entity under the Government Claims Act by 60 days.

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New Law Prohibits Employers from Preventing Employee Disclosure of Alleged Workplace Discrimination and Harassment

Effective January 1, 2022, Senate Bill (SB) 331 makes it unlawful for employers to enter into agreements with employees in exchange for employees’ silence on information concerning claims or complaints of workplace discrimination or harassment, subject to certain exemptions.

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Important Changes to PERB Regulations Effective January 1, 2022

Various amendments to the Public Employment Relations Board (PERB) regulations took effect on January 1, 2022, which are likely to impact public agencies with unfair labor practice charges and other matters pending before PERB.

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The Department of Education, Office for Civil Rights Will No Longer Enforce a Portion of the 2020 Amendments to Title IX Regulations

Following a recent decision by a federal district court in Massachusetts, the United States Department of Education (DOE) published a bulletin stating that its Office for Civil Rights (OCR) will no longer enforce the “Suppression Clause” of the 2020 Amendments to the Title IX Regulations (2020 Amendments).

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