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The Laboring Oar Blog

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The Laboring Oar® is Greenberg Glusker's employment blog created with the intention of providing the latest employment and labor law trends and updates to help clients remain informed in an ever-changing, dynamic world.

Have Vaccine ‒ Will Mandate?

The United States Food & Drug Administration (FDA) announced on August 23, 2021, that Pfizer is the first COVID-19 vaccine receiving full FDA approval. This is a procedural moment of clarity for which employers across the country and especially in California have been waiting. For several months prior to...
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John Hancock, Meet the Digital Age

Best Practices When Obtaining Employee E-Signatures on Arbitration Agreements
Traditionally, a signature affixed to a document indicates that the person who “squiggled” on the document understands and agrees to the terms of the document. However, an electronic signature may not be as easy to authenticate. A California Court of Appeal recently held that an electronic signature did not establish...
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Do You Know WHO is Changing Their Mask Guidance?

The World Health Organization (“WHO”) and the Los Angeles County Department of Public Health (“DPH”) have issued new mask guidance in light of the spreading COVID-19 Delta variant, which is more contagious than other strains of the virus.  On June 25, 2021, Dr. Mariangela Simao, WHO assistant director-general for...
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Ready, Set, Re-open!

Cal/OSHA Finally Unmasks Revised COVID-19 Prevention Standards for California Employers
With the re-opening of California businesses on June 15, 2021, Los Angeles County “retired” its safety protocols for most industries.  Unfortunately, while businesses opened their doors to the public, California employers remained confounded regarding their obligations to employees when Cal/OSHA announced it would maintain mask mandates despite contrary guidance...
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LA County Issues New Return-to-Work Orders

A Simple 25-Page Order (Plus 32 Different Appendices) Guiding the Reopening of Businesses
This alert is for employers with office worksites in Los Angeles County. Effective May 6, 2021, the Los Angeles County Department of Public Health has issued its “Blueprint for a Safer Economy,” entitled the “Reopening Safer at Work and in the Community for Control of COVID-19” order. And if you think...
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Cal/OSHA Evolves with COVID-19: CALIFORNIA EMPLOYERS MUST ALSO

From January 1, 2021, until January 1, 2023, Cal/OSHA has been empowered to issue citations more quickly for serious violations related to COVID-19. Employers throughout California are starting to feel the sting of the heightened Cal/OSHA regulations related to COVID-19 through employee class actions and Private Attorney General Actions...
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New COVID-Related Sick Leave Obligations for California Employers

On March 19, 2021, Governor Newsom signed Senate Bill 95 (SB95), which adds sections 248.2 and 248.3 to the California Labor Code, extending and expanding COVID-related sick leave obligations for all California employers of 26 or more employees. The law, known as the 2021 COVID-19 Supplemental Paid Sick Leave Law...
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DFEH Issues Pointed Guidance About Making Vaccines Mandatory for Employees

The California Department of Fair Employment and Housing (“DFEH”) has updated its  COVID-19 guidance (effective 3/4/21, replacing its previous version from 7/24/20). Use Caution If You Are Considering Making Vaccines Mandatory The DFEH now says employers may require employees to receive a Food and Drug Administration (FDA)-approved vaccination. We suspect...
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Accidental Joint-Employment Relationships: Getting More Than You Bargained For

Whatever your business—design, production, talent management—you likely focus on your actual core strengths and subcontract labor through outside vendors for work like security, janitorial maintenance, website design. While one of the key advantages of such outside vendors is keeping your own employment workforce lean and manageable, an unfortunate and...
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Make Sure You’re in Good Form!

California’s Department of Fair Employment and Housing (“DFEH”) has issued some new state forms for employers to provide to employees in 2021.  Please be sure to update any new-hire or other personnel checklists that you might have.* New DFEH Toolkit for California Family Rights Act (“CFRA”) Leave and Pregnancy...
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