Articles by: Sarah Hirschfeld-Sussman

Regular Rate Blues: California Supreme Court’s Decision on Premium Payments and Other Pay Practice Reminders

On July 15, 2021, the California Supreme Court decided in Ferra v. Loews Hollywood Hotel, LLC that employers must pay premium payments to employees for missed meal, rest, and recovery breaks at the employee’s “regular rate of pay” instead of the employee’s base hourly rate, as many employers were doing. The ruling is retroactive, and […]

U.S. Supreme Court Rules Against Union Access to Agricultural Employer’s Land

On June 23, the U.S. Supreme Court held that a California regulation allowing union organizers to enter an agricultural employer’s property is unconstitutional. The regulation, on the books since the mid-1970s, requires farms to permit unions to speak with and recruit farmworkers in the hour before and after work and an hour during lunchtime for […]

Regulating Social Media in the Workplace

The proliferation of social media creates new and difficult situations for employers. Many employers wonder to what extent they can regulate their employee’s social media activities or legally take an employment action based on an employee’s off-duty conduct. For better or worse, most of us carry smart phones with the capacity to text, email, comment, […]

Employer Focused Summary of American Rescue Plan Act and California COVID-19 Supplemental Paid Sick Leave Act

The American Rescue Plan passed and signed into law by President Biden on March 11, 2021 extends and resets the FFCRA after its expiration on March 31. The extension and reset goes into effect on April 1 through September 30, 2021. In addition, Governor Newsom signed a new COVID-19 Supplemental Paid Sick Leave Act (SB-95) […]

NEW Cal/OSHA Emergency Standards for COVID-19 Prevention

On November 30, the Office of Administrative Law reviewed and approved the Emergency Standards for COVID-19 Prevention proposed by the California Occupational Safety and Health Standards Board (Cal/OSHA). The new rule goes beyond Cal/OSHA’s guidance issued to date, and employers must comply immediately. Cal/OSHA has indicated it plans to take enforcement action based on the […]