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CALIFORNIA EMPLOYERS & HUMAN RESOURCES PROFESSIONALS
Current & Upcoming Changes to California Labor Laws
Employee Bereavement Leave
Assembly Bill 1949 (AB 1949) was passed on September 29, 2022, which amends the California Family Rights Act (“CFRA”) to include bereavement leave. Accordingly, employees who have worked for their employer for at least 30 days will be entitled to take up to five (5) days of leave related to the death of a family member, including a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. If an employer does not have an existing bereavement leave policy, the time off shall be unpaid; however, the employee shall be entitled to use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.
Bereavement time will not be required to be taken consecutively but must be completed within three (3) months of the family member’s date of death. Additionally, an employer will be entitled to request within 30 days of the first day of leave that the employee submit documentation for proof of the family member’s death. “Documentation” includes, but is not limited to:
- Death certificate
- Published obituary
- Written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
For further information regarding changes to CFRA and AB 1949, please visit:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1949
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Expansion of California Family Rights Act (“CFRA”) and Paid Sick Leave
On September 29, 2022, the California Legislature passed Assembly Bill 1041 (AB 1041) which modifies the class of people for whom an employee is entitled to take leave to care for to include a “designated person.”. Under the California Family Rights Act (“CFRA”), an employee is entitled to take up to a total of 12 weeks of leave in any 12-month period for family care and medical leave. AB 1041 defines “designated person” as any individual related by blood or whose association with the employee is equivalent to a family relationship.
Similarly, the Health Families Act of 2014, which provides paid sick leave to employees (working for the same employer for 30 or more days within a year) for diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or their family member. AB 1041 further expands the definition of the term “family member” in this context to include a designated person as defined above.
For more information regarding the expansion of CFRA and Paid Sick Leave, please visit: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1041 |
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Extension of COVID-19 Supplemental Paid Sick Leave
Effective September 30, 2022, the California Legislature enacted Assembly Bill 152 (AB 152) which extends COVID-19 Supplemental Paid Sick Leave for employers with 26 or more employees through December 31, 2022. Further, AB 152 provides for documentation and testing procedures related to supplemental paid sick leave, as well as relief for small businesses and non-profits related to COVID-19.
COVID-19 Supplemental Paid Sick Leave
As it relates to supplemental paid sick leave, an employer is entitled to request documentation of COVID-19 test results from an employee requesting supplemental paid sick leave. If the employee provides documentation that the test result was positive, employers were entitled to require that the employee take a second test on or after the 5th day following the initial positive test and to provide documentation of those results, as well.
Prior to the passage of AB 152, employers were not obligated to pay an employee supplemental paid sick leave if the employee refused to provide documentation of test results. AB 152 has expanded the rights of an employer to deny supplemental paid sick leave to an employee if the employee refuses to submit to a second test following a positive result. Further, AB 152 authorizes an employer to require the employee to take a second test within no less than 24 hours after the first test if the first test was positive.
Small Business and Non-Profit Relief Grants
The California Small Business and Non-Profit COVID-19 Relief Grant Program was also established pursuant to AB 152. This relief grant program will provide qualified small businesses and non-profit organizations with grants to assist with costs incurred between January 1, 2022, and December 31, 2022, as a result of COVID-19 Supplemental Paid Sick Leave.
The maximum grant amount per applicant is $50,000. To qualify, applicants must meet the required criteria and provide specific documentation to verify payment of COVID-19 Supplemental Paid Sick Leave. These grants will be required to be distributed to qualified applicants through January 1, 2024.
For further information regarding modifications to COVID-19 Supplemental Paid Sick Leave or requirements needed to qualify for the Small Business and Non-Profit COVID-19 Relief Grant Program, please visit: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB152
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UPCOMING FALL & HALLOWEEN EVENTS IN TRUCKEE/NORTH LAKE TAHOE AREA
Achieve Tahoe Foam Fest 2022
Through October 31, 2022, visit one of the participating local breweries and help support Achieve Tahoe’s outdoor recreation programs which build health confidence, and independence in people with disabilities. Tickets are $49 and include a Foam Fest glass, one beer at each of the five participating breweries, and an entry for a chance to win a Ski California Gold Pass. The breweries participating in this event include:
- Fifty Fifty Brewing Company
- Alibi Ale Works
- Donner Creek Brewing
- The Good Wolf Brewing Company
- Truckee Brewing Company
For more information on how to participate in Foam Fest 2022, please visit: https://www.achievetahoe.org/event/foam-fest/
Truckee-Donner Recreation & Park District Halloween Parade
Put on your best costume and bring the family to downtown Truckee to participate in the Halloween Parade on Friday, October 28, 2022, at 6:00 p.m. The parade will run through downtown Truckee to the Community Arts Center, then go trick-or-treating through the Community Arts Center for tons of candy and fun Halloween themed doors.
For more information on the Truckee-Donner Recreation & Park District Halloween Parade, please visit: https://www.tdrpd.org/223/Halloween-Parade
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Employee Highlight:
Michelle Davis-Nelson
Where did you go to school/obtain your degree?
I earned my bachelor’s degree in organizational administration from Central Michigan University in Mount Pleasant, Michigan, and I obtained my paralegal certification from the University of Michigan through the Center for Legal Studies.
What is your primary focus(es) in the practice of law?
Currently, I am the Director of Human Resources for MOBO Law, and I work closely with our Chief Operating Officer, Jason Palmer, on all things administrative and provide support wherever I am needed throughout the firm. During my time as a paralegal before I transitioned into my current role, my primary focus was within the areas of family law and business law/corporation formation.
What has been your most fulfilling or rewarding experience in the practice of law?
MOBO Law operates a non-profit organization, The MOBO Foundation, which is funded by both donations from local community members and a percentage of MOBO Law’s revenue. Those funds are then used to support other charitable organization in the area, as well as individual within our communities, and sometimes even members of the MOBO Law family, who are in need due to circumstances outside their control. Working for MOBO Law and seeing the care and support the MOBO Foundation provides for its community members and employees has certainly been and continues to be my most fulfilling and/or rewarding experience.
Where are you originally from and which MOBO Law office are you based out of?
I was born and raised in Petoskey, Michigan, a small tourist town situated on the shores of Lake Michigan. I currently work remotely from Petoskey, Michigan and make the trip out to California/Nevada about two times per year, during which time I primarily work out of MOBO’s Zephyr Cove office.
Why did you choose a career in the legal field with MOBO Law?
I spent several years trying to find a career path that would provide a challenge, while also allowing me to interact with the community and potentially make a difference in someone’s life, no matter how large or small. Ultimately, it was Rich Molsby taking a chance on hiring me, despite having virtually no experience working in the legal field and the fact I lived in Michigan at the time I was hired as a legal assistant at MOBO Law, that solidified my decision to continue on this career path. I still love what I do, and I believe MOBO has played a large role in that.
What is the best part of your job?
The best part of my job is working with the incredible team of MOBO attorneys, paralegals, and legal assistants. We really have an exceptional group of individuals who are intelligent, kind, and hardworking, but I believe it is the culture of collaboration and teamwork, as well as the mutual respect that we all have for one another, that sets MOBO apart from other law firms in the area.
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Passion for Helping People
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