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Caroline Burnett is a Knowledge Lawyer in Baker McKenzie’s North America Employment & Compensation Group. Caroline is passionate about analyzing trends in US and global employment law and developing innovative solutions to help multinationals stay ahead of the curve. Prior to joining Baker McKenzie in 2016, she had a broad employment law practice at a full-service, national firm. Caroline holds a J.D. from the University of San Francisco School of Law (2008) and a B.A. from Brown University (2002).

In April, California Gov. Gavin Newsom signed a statewide right-to-recall law — S.B. 93 — affecting certain employers. One of the key provisions of the new law, which has not been subject to much discussion, is how it affects corporate transactions.

In this article, we discuss how this new statute that could present challenges for

As vaccination rates increase, officials across the country are reconsidering their health and safety protocols and workplace reopening guidance. Here are a few of the most recent changes that employers need to know.

On-site Employee Health Screening No Longer Required in San Francisco but Masks and Distancing Remain

On May 20, 2021, San Francisco’s Department of Public Health updated the city’s Health Order to loosen COVID-19 restrictions. Under the new rules, businesses are no longer required to perform health screenings for all personnel and patrons, unless required by the state. Public health officials credited the ongoing vaccination effort in bringing COVID-19 cases to the lowest levels seen during the pandemic. As of May 19, 76% of eligible San Francisco residents have been vaccinated, one of the highest vaccination rates in the country.


Continue Reading The Shifting Sands of COVID-19 Regulations: New Rules Regarding Health Screening, Vaccine Cards and Vaccine Passports

Special thanks to co-author, Monica Kurnatowska.

A convergence of forces is changing the public face of the boardroom: the increasing amount of data showing how inclusion and diversity improves performance, impassioned protests for gender equality, the impact of the Black Lives Matter movement, pressure from investors and shareholders, and legislation. While gender diversity has

Companies are facing critical business challenges in regard to their most important asset – their people. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees to ensure the long-term viability of the business. We

We are pleased to invite you to our webinar series on the Subcontracting Reform in Mexico this Tuesday, May 4. We will offer one session in Spanish and one in English.

During the first part, our specialists will discuss the impact of the Reform on companies operating in Mexico from the perspective of the different

On April 16, Governor Gavin Newsom signed a statewide right of recall law (Senate Bill 93). SB 93 is similar to the Los Angeles City recall ordinance and the San Francisco right to reemployment legislation. It is effective immediately and will remain in effect through December 31, 2024.

Here’s what you need to know:  

Covered Employers

The new law does not apply to all employers. It applies generally to hotels, private clubs, event centers, airport hospitality operations, and airport service providers, while also applying specifically to janitorial, building maintenance and security services provided to office, retail and other commercial buildings.

Important Definitions:

  • “Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building.
  • “Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members.
  • “Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.
    • The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
  • “Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport.
  • “Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal.
  • “Building service” means janitorial, building maintenance, or security services.


Continue Reading California Establishes Statewide Right to Recall for COVID-Related Layoffs Limited to Certain Industries

The California Department of Industrial Relations (DIR) recently updated its “Guide to COVID-19 Related Frequently Asked Questions [FAQs]” to include wage and hour issues arising out of employer-mandated COVID-19 tests or vaccinations.

On March 4, 2021, the Department of Fair Employment and Housing (DFEH) confirmed that an employer does not violate the California Fair Employment and Housing Act (FEHA) by requiring employees to receive an FDA-approved COVID-19 vaccine so long as the employer does not discriminate against or harass employees or job applicants on the basis of protected characteristics, provides reasonable accommodations related to disability or sincerely-held religious beliefs or practices, and does not retaliate against employees who engage in protected activity, such as requesting an accommodation. While this guidance arguably protects employers against FEHA claims, employers should not take the DFEH’s guidance as permission to mandate vaccines in other contexts, and it is not yet clear whether employers can safely mandate vaccines approved only under Emergency Use Authorizations by the Food and Drug Administration.

If employers can legally mandate vaccines, the question becomes whether employers must pay for the time spent being vaccinated. Now, the DIR has weighed in on employer obligations to pay for tests and vaccines when mandated by the employer.

For ease of reference, the FAQ is copied here.

    1. Is my employer required to compensate me for the time spent obtaining a COVID-19 test or vaccination?

If the employer requires an employee to obtain a COVID-19 test or vaccination (see Department of Fair Employment and Housing FAQs for guidance on the types of COVID-19 tests an employer may require and on vaccination), then the employer must pay for the time it takes for the testing or vaccination, including travel time.


Continue Reading California Requires Employers to Compensate Employees for Time Spent Obtaining a COVID-19 Test or Vaccination

We are increasingly seeing governments around the globe pass more progressive and compassionate legislation around families and pregnant women. For instance, in the US, there’s a new bill, known as the Pregnant Workers Fairness Act, currently in the House and commentators believe it just might pass. The bill would clarify and strengthen the Pregnancy Discrimination Act, which was passed more than 40 years ago as an amendment to the 1964 Civil Rights Act, and provide women who face pregnancy discrimination a clear channel for recourse.

Along these lines, this week New Zealand will become one of the first few countries providing paid leave for miscarriages.[1] The Holidays (Bereavement Leave for Miscarriage) Amendment Bill (No 2) (view bill HERE) was just granted royal assent and the new law is effective March 31. The law extends current paid bereavement leave law for employees in New Zealand to miscarriages and stillbirths.


Continue Reading New Zealand Paid Bereavement Leave for Miscarriage Effective March 31, 2021

As previously covered, California reinstated and expanded COVID-19 supplemental paid sick leave last week. For more on the law’s requirements, click here.

The new law requires employers to give employees notice of the leave benefit:

  • The California Labor Commissioner has issued a model poster available here and FAQs are available here.
  • The poster

Employers are busy putting together return-to-work plans and deciding whether they should mandate employee vaccination or simply encourage it. Before creating a uniform vaccination policy, it’s imperative to understand the legislative landscape in each jurisdiction where the employer operates, especially regarding the freedom to mandate vaccines, require proof of vaccination, etc.

While most employers will not be surprised to hear that mandatory vaccination is permitted under the ADA, except for employees with disabilities or sincerely-held religious beliefs, a recent surge in state legislation may call this general rule into question. This pending legislation varies from requiring employers to use government-approved vaccines to outright bans of any consideration of vaccination status, as summarized below. (This information is current as of March 24, 2021.)


Continue Reading Efforts to Craft National Vaccination Policies Complicated by Patchwork Legislation