DLHA Law Group (a dba of De La Housaye & Associates, A Law Corporation)

DLHA Alert!- What happens if my employee tests positive for COVID-19?? ? Well, it depends. With one question, others come to mind, such as whether the employee reported to work and then tested positive for COVID-19, but never stepped into the employer’s place of business? Did the employee test for COVID-19 before they reported to work? These are some of the real situations faced by employers daily, and as some employers know, time is of the essence. ? Due to the highly infectious nature of COVID-19, an employer must execute multiple steps under strict deadlines. To name a few, and generally speaking, the employer has several notice and reporting requirements to its employees, subcontractors, workers’ compensation insurance carrier, and local health departments. Additionally, the employer must conduct a COVID-19 case investigation and conduct contact tracing. All California employers must have a plan in place, as specified by Cal/OSHA. ? With the COVID-19 pandemic nowhere near the end, 2022 will continue to present a host of new challenges for employers.?If you are a CA employer with questions about what you should do if your employee tests positive for COVID-19, please contact?[email protected]. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above. #DLHAAlert #DLHALawGroup #DLHA #COVID-19 #business

DLHA Law Group was thrilled to sponsor and attend the Walnut Creek Chamber’s 20th East Bay Women’s Conference on Tuesday, March 4! It was a day of inspiration, empowerment and camaraderie. #Walnut Creek Chamber of Commerce & Visitors Bureau

Must California employers pay employees who are out on jury duty? Under California law, employers must provide all employees with time off work to serve on a jury or as a witness. However, whether employers must pay such an employee's wages depends on the employee's status as an exempt or nonexempt employee. Nonexempt employees do not have to be paid wages while serving on a jury or as a witness. In contrast, an exempt employee who performs any work during a workweek must be paid their full salary. However, if an exempt employee performs no work at all in the workweek, an employer is allowed to make deductions from the exempt employee's pay. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

DLHA Founder, Angela Ashley, seen here giving an overview of Shadeland’s growth, successes and future plans at Walnut Creek’s Future of Walnut Creek Special City Council meeting presentation February 20th. DLHA was proud to be a sponsor of the event – thanks to the Walnut Creek Chamber and Visitor’s Bureau for hosting this informative event and for the City of Walnut Creek for its ongoing support. DLHA continues its strong support of local, regional, and national events. #Walnut Creek Chamber of Commerce & Visitors Bureau

What is Paid Family Leave in California? Despite its name, California’s Paid Family Leave law does not provide a right to family leave. Paid Family Leave is a program administered by the state’s Employment Development Department (“EDD”) that provides employees with partial wage replacement when they cannot work because they are caring for a close family member or bonding with a new child. This benefit is available from EDD from the beginning of the employee’s employment. However, this does not necessarily mean that the employer is required to provide time off from work. California employers must allow time off for family leave for employees who have worked for the employer for at least one year and have worked at least 1,250 hours over the previous twelve months. Of course, employers may provide family leave prior to that, if they choose. In either case, the employee would be eligible to apply for Paid Family Leave. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

We hope you are able to join us for this informative webinar!

For benefits offered by employers but otherwise not required by law, employers may offer those discretionary benefits based on their internal designations of employees as full-time or part-time. However, for benefits mandated by federal and California labor laws such as the CFRA and the ACA, an employer's internal definitions of full-time or part-time employees is irrelevant. Instead, labor laws mandate that certain benefits be provided to employees who exceed a number of hours worked per week, month, or year, depending on the specific law's requirements. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

The Ninth Circuit has recently released a decision on a case concerning employment arbitration agreements that may be instructive to many employers. In Ronderos v. USF Reddaway, Inc., Court ruled that an employment arbitration agreement was void because it was “unconscionable,” a legal term. This finding was based on many factors, including that the employee was required to sign the pre-printed arbitration agreement before he was even offered the job, and that many of the agreement’s terms favored the employer over the employee. This case demonstrates how complicated it can be to draft an employment arbitration agreement that will be enforceable, should a claim arise. Employers who are interested in using an arbitration agreement should consult with their counsel to ensure that the agreement is drafted in compliance with California law. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.

Make sure your business is ready for Election Day! Employers must post a “Time Off For Voting” notice in the workplace at least 10 days before Election Day. You can get copies of the notice in 10 different languages from the CA Secretary of State at https://lnkd.in/g5Gt3Ea.

Assistive Animals at Work in CA If your employee says they need to bring a support animal to work, you should consider the request the same way you handle any other workplace accommodation request that is governed by the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). Talk with the employee to understand how the animal helps them effectively complete their essential job functions. Consider whether having an animal in the workplace creates an undue hardship for the business. Confirm with the employee that the animal behaves in situations it may encounter at work – for the animal’s safety and the safety of others. Like any other accommodation, there should be a balance between helping the employee perform at work and making sure the business can continue to function reasonably when the work modifications are put in place. This content does not represent legal advice; readers should seek legal representation and advice before relying on published updates such as the above.