On April 19, 2024, the Equal Opportunity Employment Commission (EEOC) issued a final rule (the Rule) to implement the Pregnant Workers Fairness Act (PWFA). Although the PWFA went into effect last year in June 2023, the EEOC’s...more
On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law.
Under existing law,...more
California employers’ short-lived victory in the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana last June was substantially undone on Monday by the California Supreme Court’s decision in Adolph v. Uber...more
7/20/2023
/ Arbitration ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Uber ,
Viking River Cruises Inc v Moriana
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses...more
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a...more
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of...more
Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more...more
Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021. Similar to the...more
Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring...more
The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1)...more
Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the...more
7/15/2020
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
OSHA ,
OWBPA ,
Release Agreements ,
Wage and Hour ,
WARN Act
On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more
3/12/2018
/ Bonuses ,
CA Supreme Court ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Payment Terms ,
Payroll Periods ,
State Labor Laws ,
Wage and Hour
Over this past year, there has been an increasing amount of attention on transgender persons both in the media and in the law. Garnering particular attention, North Carolina passed Senate Bill 2 which prohibits students and...more
10/7/2016
/ Anti-Harassment Policies ,
Civil Rights Act ,
Discrimination ,
Employee Restrooms ,
Gender Discrimination ,
Gender Identity ,
Harassment ,
LGBTQ ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Many employers offer severance agreements to departing employees which, at least in part, are designed to protect the employer from disclosures of confidential information and from any future claims or recovery by the...more
8/22/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Waivers ,
Whistleblower Awards ,
Whistleblowers
On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more
On July 1, 2015, the recent amendments to the California Family Rights Act (“CFRA”) regulations go into effect. Employers who are covered by the CFRA should be aware of these changes as they will impact how they handle family...more
Does your company run background checks on its employees? Do you pay a third-party to run the reports and trust them to get it right? You may not be as safe as you think you are.
Just ask Whole Foods, Paramount...more
Earlier this year, the California Legislature passed the Healthy Workplace, Healthy Families Act of 2014 (HWHFA) which requires all employers, regardless of size, to provide paid sick leave to employees. This new law imposes...more