Cal-Peculiarities: How California Employment Law is Different - 2023 Edition

248 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com American Canyon (eff. 3/25/21) ($5) Buena Park (eff. 4/8/21) ($4) Berkeley (eff. 2/23/21) ($4) Coachella (eff. 3/26/21) ($4) Costa Mesa (eff. 3/16/21) ($4) Daly City (eff. 3/28/21) ($5) El Monte (eff. 4/15/21) ($4) Irvine (eff. 3/25/21) ($4) Los Angeles (City) (eff. 3/8/21) ($5) Los Angeles (County) (eff. 2/23/21) ($5) Long Beach (eff. 1/19/21) ($4) Millbrae (eff. 3/9/21) ($5) Montebello (eff. 1/27/21) ($4) Oakland (eff. 2/2/21) ($5) Pomona (eff. 3/2/21) ($4) San Francisco (eff. 3/22/21) ($5) San Jose (eff. 3/25/21) ($3) San Leandro (eff. 2/16/21) ($5) Santa Ana (eff. 3/2/21) ($4) Santa Clara (County) (3/9/21) (eff. 4/8/21) ($5) Santa Monica (eff. 3/10/21) ($5) South San Francisco ($5) (eff. 2/25/21, retroactive to 2/11/21) These local efforts began in January 2021 and then spread across the state like a coronavirus. They all addressed the scope of coverage (which employers and employees are covered), the amount of required hazard pay, and the duration of the ordinance. Many also addressed additional topics such as prohibiting retaliation, providing credits for employer-initiated hazard pay, requiring posted notice of the ordinance at the workplace, and requiring record-keeping standards. And some, of course (this being litigation-friendly California), created private rights of action against non-complying employers. As of the time of publishing, all of the above-listed hazard pay ordinances have expired. Still, employers should be aware of potential claims by employees stemming from alleged failures by employers to provide hazard pay.

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