California’s legislative session nears its end in the next few weeks, and as usual, state legislators have introduced several bills that will surely affect employers if they become law. Although this session had fewer...more
8/8/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
Compliance ,
Fraud ,
Governor Newsom ,
Injunctive Relief ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
State Labor Laws ,
Whistleblower Protection Policies
It’s that time of year again. The weather gets cold and rainy, the calendar turns from December to January, and new employment laws go into effect that could shake up your workplace. The California legislature is always...more
The California legislature is in the midst of its 2023 legislative session, having already considered more than 2,000 bills. As the Senate and Assembly work towards the September 14 deadline to pass legislation, below are...more
A great mentor is invaluable for a young lawyer. In a profession based on judgment, young lawyers need the guidance of a wise, battle-tested lawyer to help them unlock their true potential. If they’re especially lucky, like I...more
For many years, worker classification has been an ongoing battle in California. The issue of employee vs. independent contractor has spurred many lawsuits statewide, resulted in countless precedent-setting decisions, and led...more
11/17/2020
/ ABC Test ,
Borello Test ,
Dynamex ,
Employee Definition ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Misclassification ,
State Labor Laws
The COVID-19 pandemic caught most everyone by surprise–employers included–and it has hit nearly every industry hard. As the pandemic worsened, many employees needed to take time off to care for themselves, for family...more
Since the approval of Proposition 64 by California voters in 2016, and the corresponding change in attitude toward recreational cannabis use, employers have grappled with cannabis regulation in the workplace. Although...more
3/17/2020
/ Decriminalization of Marijuana ,
Disability Discrimination ,
Drug-Free Workplace Act ,
Duty to Accommodate ,
Employer Liability Issues ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Medical Marijuana ,
Pending Legislation ,
Proposition 64 ,
Workplace Safety
Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more
Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more
1/30/2020
/ Decriminalization of Marijuana ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Rights ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Notice Requirements ,
Reasonable Suspicion ,
Recreational Use ,
Right to Privacy
The California Legislature enacted a number of new laws for 2020 that will affect California businesses. Below we discuss a few of the most notable employment laws that go into effect in the New Year. Companies with a...more
12/27/2019
/ ABC Test ,
Arbitration Agreements ,
Arbitration Fees ,
Breach of Contract ,
DFEH ,
Dynamex ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
No-Rehire Provisions ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Settlement Agreements ,
State Bans ,
State Labor Laws ,
Statute of Limitations
Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more
7/2/2019
/ Decriminalization of Marijuana ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Rights ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Notice Requirements ,
Popular ,
Reasonable Suspicion ,
Reasonableness Factors ,
Recreational Use ,
Right to Privacy
Employers have been seeking clarity on joint employer laws for years. On April 1, the U.S. Department of Labor (USDOL) entered the fray, announcing a proposed rule that would update and amend the joint employment regulations...more
Following a long legislative year, Governor Jerry Brown recently signed into law several pieces of legislation aimed at curbing sexual harassment in the workplace. This topic dominated conversation in the California...more
10/23/2018
/ #MeToo ,
Breastfeeding ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Governor Brown ,
New Legislation ,
Non-Disclosure Agreement ,
Release of Claims ,
Rest and Meal Break ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
The #MeToo movement sent shockwaves through the hearts and minds of employers and employees alike last fall, and the California Legislature – known for introducing progressive legislation – jumped at the chance to address...more
9/25/2018
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Complaint Procedures ,
Confidentiality Agreements ,
Corporate Counsel ,
Employee Training ,
Employer Liability Issues ,
Proposed Legislation ,
Recordkeeping Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Once again California will ring in the New Year with a number of new laws affecting employers and employees in the Golden State. Much of this new legislation clarifies existing laws to provide guidance to employers or grant...more
12/27/2016
/ Choice-of-Law ,
Employment Contract ,
Fair Pay Act ,
Forum Selection ,
Labor Code ,
Local Ordinance ,
Minimum Wage ,
Popular ,
State and Local Government ,
Wage and Hour ,
Wage Statements
The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more
8/16/2016
/ Classification ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
On February 26, 2016, the California Court of Appeal, Fourth District, issued its decision in Carbajal v. CWPSC, Inc., invalidating an employment arbitration agreement due to a number of provisions the Court considered...more
California begins 2016 with a number of new employment laws, ranging from compensation rates for piece-rate employees to permissible uses of the Federal E-Verify system. Employers should familiarize themselves with the...more
On August 27, 2015, the National Labor Relations Board (NLRB or Board) issued a groundbreaking decision upending long-held precedent for when a joint-employer relationship could be found. The Board’s decision in...more
On July 13, 2015, Governor Brown signed urgency legislation amending California’s new sick leave law—the Healthy Workplaces, Healthy Families Act of 2014. The amendments, which took effect immediately, clarify the law and...more
The California Legislature recently enacted a number of new employment laws that will take effect in 2015 that will impact businesses in California. With the New Year quickly approaching, employers should review their...more
12/16/2014
/ Discrimination ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Immigrants ,
Paid Leave ,
Sick Leave ,
Staffing Agencies ,
Unpaid Interns ,
Volunteers ,
Wage and Hour
With the passing of AB 1522, California became the second state in the nation to require employers to provide paid sick leave to employees. The Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1,...more
Employment law, perhaps more than other areas of law, is highly fact-specific. A small change in any of the facts will often alter the analysis and outcome of the case. In part, this is because employment relationships are...more