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Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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COVID-19 Supplemental Paid Sick Leave (SPSL) was recently extended to December 31, 2022. As we previously reported, this did not afford additional time off to the employee, but extended the time to request leave if they still had unused time. Finally, there is an end to this provision - no further extensions have been made.

Job postings now need pay scales

New guidance from the DIR

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Beginning January 1, 2023, California employers with 15 or more employees must include in any job posting the pay scale for the position. The DIR recently issued new Frequently Asked Questions (FAQ) guidance regarding the new transparency requirements.

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Yesterday, a 5-year old boy was swept away by floodwaters on the central coast. Portions of Santa Barbara County, including the entire community of Montecito have been evacuated for fear of deadly mudslides in that community. Portions of Santa Cruz County and Sacramento County have been evacuated. Several lanes of the 101 northbound will be closed today. And last night, a sink hole opened up in Chatsworth, swallowing two cars.

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President Biden is expected to enact the Speak Out Act in the near future, which was passed by Congress on November 16, 2022, to combat sexual assault and harassment in the workplace. The act will apply to sexual assault or harassment claims brought by an employee under state, federal, or tribal law on and after its effective date. Under the act, an employer will be prohibited from enforcing a nondisclosure or nondisparagement provision contained in an employment agreement, nondisclosure agreement, or other agreement previously signed by an employee to silence that employee’s sexual assault or harassment allegations, in or outside of court.

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Since 2012, California has allowed neutral time rounding policies for employee timekeeping, as long as the policy was facially neutral and did not deprive employees of compensation for time worked, under the Court of Appeal case: See’s Candy Shops, Inc. v. Superior Court. Even rounding to the quarter of an hour had been found to be permissible in the past. However, in the age of precision, California courts have chipped away at this practice.

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In a November 23, 2022, published decision, DeLeon v. Juanita’s Foods, B315394, the Second Appellate District upheld a Los Angeles Superior Court’s strict interpretation of the California legislature’s 2019 amendments to the California Arbitration Act that a failure by a drafting party to pay arbitration fees timely constitutes a material breach of the arbitration agreement and allows the employee-claimant to (among other things) withdraw from arbitration and pursue their claim in court. This applied not just to the initial filing fee, but also subsequent invoices.

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