Month: July 2022

Attorneys are noticing an increase in failure to accommodate cases. What is “failure to accommodate”? It is the lack of appropriate action by an employer to assist an employee with a disability, by providing resources or alternatives, to reasonably perform their job. This can include mental health as well as physical limitations. Why now? Short answer, COVID-19. Employees with pre-existing conditions who can work remotely should be allowed to work remotely if they request to do so. A reasonable accommodation can go beyond ergonomic keyboards, it can include WFH alternatives or personal leaves. If you need help assessing reasonable accommodations for your employees, please reach out to us!

Recognizing the significant surge in gasoline prices, the Internal Revenue Service (“IRS”) recently announced that as of July 1, 2022 it will make “a special adjustment” to its optional standard mileage rates. For the final six months of 2022, the special mileage rates will be:

62.5 cents per mile for business miles driven;

22 cents per mile driven for medical or moving purposes; and

14 cents per mile driven in service of charitable organizations (same as before).

On June 15, 2022, the U.S. Supreme Court issued its highly anticipated decision in Viking River Cruises v. Moriana , No 20-15173, holding that arbitration agreements apply to employee claims brought under California’s Private Attorneys General Act (PAGA) and that individualized PAGA claims may be compelled to arbitration! This is a nice outcome for employers!

What it means: A valid arbitration agreement can now be used to (1) compel the plaintiff’s “individual” PAGA claim to arbitration and (2) to dismiss the “non-individual” PAGA claim.

California employers, however, should be aware that Viking River Cruises may not be the final word regarding the impact of arbitration agreements on PAGA claims.

If you need an arbitration agreement or need to update yours, reach out to us! For more information on the case Click Here.

Effective July 1, 2022, these localities will increase their minimum wage to these rates:

Alameda: $15.75/hour;

Berkeley: $16.99/hour;

Emeryville: $17.68/hour;

Fremont: $16.00;

Los Angeles City: $16.04;

Los Angeles County (unincorporated areas): $15.96/hour;

Malibu: $15.96/hour;

Milpitas: $16.40/hour;

Pasadena: $16.11/hour;

San Francisco: $16.99/hour;

Santa Monica: $15.96/hour; and

West Hollywood: $16.00/hour for 49 or fewer employees; $16.50/hour for 50 or more employees