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Coronavirus and the Workplace: Key Legal Updates for Employers

With the spread of COVID-19 and the rapidly evolving federal, state, and local government response, it can be difficult for employers to keep up with their rights and obligations. This week, California’s Governor Gavin Newsom...more

California’s New Ban on Mandatory Employment Arbitration: How We Got Here and What This Means

All employers should be aware that their use of mandatory employment arbitration agreements is prohibited in California effective January 1, 2020 under recently signed Assembly Bill No. 51 (AB 51). Under current California...more

What Employers Should Know About the California Consumer Privacy Act Taking Effect January 1, 2020

On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...more

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more

California Supreme Court Clarifies Background Check Laws in California

Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more

California Supreme Court Declines to Apply Federal Excuse for Short Unrecorded Work Periods

Last week, in Troester v. Starbucks, a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de minimis work exceptions. Yet, the Court declined to define when, if...more

California to Implement Broad New National Origin Discrimination Protections

The California Fair Employment and Housing Council has published new regulations that increase protections from national origin discrimination, including expanding the definition of “national origin.” The regulations will...more

California Supreme Court Adopts New Independent Contractor Classification Test for Purposes of Wage Orders

The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v....more

California Supreme Court Confirms Special State Rule on Calculating Overtime Premiums Arising From Bonuses

In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more

California WARN Act Notice Requirements Apply to Temporary Layoff

The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more

New California Law Allows Employers to Cure Two Wage Statement Violations Within Limited Period

Governor Jerry Brown has signed into law AB 1506, a bill that will allow employers to cure two types of technical itemized wage-statement violations to avoid the risk of costly Private Attorneys General Act (“PAGA”) suits....more

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more

New Law Requires California Employers to Provide Paid Sick Leave

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more

Employers May Require Exempt Employees to Use Accrued Leave for Absences Shorter Than Half a Day

On July 21, 2014, a California Court of Appeal held that overtime exempt status is not undermined by requiring employees to use accrued leave for absences of less than half a day. ...more

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

On July 14, 2014, the California Supreme Court clarified the commissioned employee exemption from overtime under California law. In Peabody v. Time Warner Cable, Inc., the court confirmed that calculations necessary to...more

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