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Legislative Action Heralds Sweeping Changes to PAGA, Resulting in Tools for More Effective Administration and Potential to Curb...

The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more

California Governor Gavin Newsom Signs Update to State’s Pay Transparency Law, Setting Out New Pay Disclosure Requirements

​​​​​​​Governor Newsome has signed S.B. 1162, which requires employers to make salary ranges for positions available to both applicants and employees and expands pay data reporting requirements to better identify gender and...more

Unlimited PTO in California - Is This Actually a Good Idea to Retain Employees?

​​​​​​​The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the...more

Will Employers Have More Obligations Beyond the CCPA if these California Privacy Bills Pass?

California employers have navigated the ever-changing privacy landscape when it comes to employee and personnel personal information (“human resources data”). For years, California employers’ obligations were narrow in scope...more

Ninth Circuit Asks Montana Supreme Court for Guidance: Is an Employer Defending Itself in a Wrongful Discharge Lawsuit Limited to...

Many Montana employees can claim the protection of Montana’s unique Wrongful Discharge from Employment Act, which generally bars an employer for terminating an employee without “good cause” after the employee has completed a...more

How Large Employers Can Prepare for CCPA/CPRA Obligations for “HR Data” in 2022

Get ready, large employers. After years of amendments exempting the personal information of employees and other personnel from the California Consumer Privacy Act (“CCPA”), covered employers now have a firm deadline by which...more

New Texas Law Expands Liability for Sexual Harassment Claims

Beginning September 1, 2021, claims for sexual harassment can be made against a broader group of employers in Texas. The Texas Legislature passed two significant amendments, SB 45 and HB 21, to the Texas Labor Code, which...more

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Vaccine Status is a Protected Trait in Montana

On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more

Companies Consider Transparent Face Masks as an ADA Accommodation During Pandemic

Lawsuits from the deaf and hard-of-hearing community may require companies to consider new reasonable accommodations during the COVID-19 pandemic, such as transparent face masks for employees and clean writing tools for...more

California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively

Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more

California Qualified Employers May Receive Tax Credit Boost for New Hires

California employers who hired new employees may now apply for tax relief following Governor Gavin Newsom’s announcement of the Main Street Hiring Tax Credit. As part of the emergency relief provided in Senate Bill 1447 to...more

Mandating COVID-19 Vaccinations in the Workplace: Practical Considerations for Employers

With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more

Job-Protected Leave Under the California Family Rights Act Expands to Apply to Employers with Five or More Employees Effective...

Currently, under the California Family Rights Act (“CFRA”), California employers with 50 or more employees must provide 12 weeks of job protection to employees to care for a seriously ill family member or for one’s own...more

Five FAQs: Paid Sick Leave for COVID-19-Qualifying Reasons Available to All California Employees Under New Law

On September 9, 2020, Governor Gavin Newsom signed AB 1867, which supplements both the federal Families First Coronavirus Response Act and California Executive Order N-51-20, with the result of providing some form of paid...more

Montana Supreme Court Upholds $2.3 Million Judgment Against Former Employees Subject to Restrictive Covenant

Montana is often perceived as unfriendly to restrictive covenants in employment agreements. But in a decision last week, the Montana Supreme Court showed its willingness to enforce those covenants, when they contain...more

California Cities and Counties Issue Orders and Recommendations on Use of Face Coverings in the Workplace

On April 7, 2020, several California cities and counties issued emergency orders requiring nonmedical essential workers and residents who are leaving their homes to wear face coverings. Face coverings may include cloth...more

In Remarkable Reversal, California Supreme Court Takes a Broad View of Standing Under PAGA

In Kim v. Reins, the Supreme Court was faced with the following question: Do employees lose standing to pursue a PAGA claim if they settle and dismiss their individual claims for Labor Code violations? To the surprise of many...more

California Supreme Court Rules that Employees Must be Paid During Mandatory Security Searches

Employees must be paid for time spent on their employer’s premises waiting for, and undergoing, required searches of bags and other property voluntarily brought to work, according to the California Supreme Court’s ruling...more

Court Temporarily Halts California’s New Ban on Mandatory Employment Arbitration Agreements

On October 10, 2019, California Governor Newsom signed a bill seeking to ban employers from requiring employees or applicants to sign arbitration agreements waiving their rights under the Labor Code or the state’s...more

Five FAQs on California’s New Ban on Mandatory Arbitration Agreements

On October 11, 2019, Governor Gavin Newsom signed into law AB 51, which will drastically change the requirements for employers who use arbitration agreements.  Specifically, the new law bans employers from requiring, as a...more

What do Employer’s Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

FAQs for Employers Following the Passage of California’s New Law on Independent Contractor Misclassification

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more

Weed & Work: As Legalization Spreads, So Does Uncertainty Over Employers’ Duty to Accommodate Marijuana Use

When it comes to marijuana, the legal landscape is changing rapidly. Ten states, including California, have legalized recreational use. In more than twenty other states, some form of medical marijuana is legal....more

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