Posts in Employment
Employers May be Forced to Pay Unemployment Benefits to the Employed (On Strike).

California employers may be forced to pay unemployment benefits to employees who are still employed but refuse to work because they are on strike. The California legislature is considering Senate Bill 799, which can have negative repercussions for various industries. First, it will give organized labor, an already powerful force in politics today, even more leverage and power. Second, it may cause more jobs to be left unfilled as many employees will be incentivized to strike. After all, they get paid during a strike, and they will (presumably) get paid MORE after a strike. Worst of all, the employers and employees who are not participating in the strikes are ultimately being forced to participate by paying increased taxes or receiving less in benefits.

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California Employers May be Forced to Create and Implement Policies to Prevent ANY Violence in the Workplace From Stopping Shoplifters to Domestic Violence.

If Senate Bill 553 passes, employers may be required to create new policies, maintain more meticulous records, and be ready to conduct investigations in all incidents of workplace violence by July 1, 2024- in less than a year! In addition, failure to comply with these requirements means that the employer may be hit with expensive citations and civil penalties. The irony for California employers is obvious: the California Legislature is now asking employers to do what the California legislature and the governor could not do: prevent violence in places of business.

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Unions May be Liable for Damages Employers Suffer As a Result of a Strike.

Employers are no longer at the mercy of striking unionized employees. A union’s actions during a strike are not absolutely protected under the National Labor Relations Act (“NLRA”), and it is not an absolute right. Rather, Unions will be held liable to employers for damages if they intentionally caused employers to suffer damages during a strike.

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Employers Must Do MORE to Accommodate Their Employees’ Religious Beliefs

Title VII of the Civil Rights Act of 1964 requires employees to reasonably accommodate employees’ religious beliefs but only only if doing so would not impose “undue hardship on the conduct of the employer’s business.” The old rule has been rejected by the U.S. Supreme Court and employers must now do more to accommodate employees’ religious beliefs. Employers should take all requests for reasonable accommodation more seriously and err on the side of caution.

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California Employers are NOT Liable for “Take Home COVID”

With the rise of COVID-19 cases in recent weeks, COVID-19 has entered the discussion nationally and locally. Many schools, businesses, and sports establishments are again mandating that students, employees, and customers wear masks. Employers can breathe a sigh of relief because California’s highest court has recently held that employers cannot be held liable for “take home COVID” where an employee contracts COVID at work and passes it on to a household member.

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Huntington Beach City Council Bans Any Future Mask Mandates and Vaccine Mandates

COVID-19 is in the news again, and many businesses and schools are bringing back the mask requirements. Employers may be interested to know that the city council in Huntington Beach, California votes to ban mask and COVID-19 vaccination mandates in the city. With such a staunch stand against COVID restrictions, local employers may be hard pressed to require masks and proof of vaccination.

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