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California Proposed Employment AI Regulations and Legislation - Proposals from Civil Rights Council and Legislature Concerning the...

As widespread use of artificial intelligence (AI) in the employment sector has surged throughout the country, federal and state lawmakers have been playing catch-up with their efforts to regulate this new technology. In...more

9th Circuit Strikes California Mandatory Arbitration Ban

On February 15, 2023, a split 9th Circuit panel held that California's ban on mandatory arbitration agreements is preempted by federal law. This closely watched decision allows employers to require employees to enter into...more

DOL Proposes New Regulation Regarding Employees vs. Independent Contractors

Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the "economic...more

Employers Required to Provide Public Health Emergency Leave to San Francisco Employees

Requiring employers to provide additional paid leave to employees during certain public health emergencies—including Spare the Air days—Proposition G is not tied to the COVID-19 pandemic or other specific health emergency,...more

California Passes Two New Important Workplace COVID-19 Laws: Workers' Compensation Presumption and OSHA-Related Reporting

On September 17, 2020, California Governor Gavin Newsom signed two laws creating new or expanded obligations concerning COVID-19—Senate Bill (SB) 1159 and Assembly Bill (AB) 685. These new laws will require employers to...more

Employers Using AI in Hiring Take Note: Illinois' Artificial Intelligence Video Interview Act Is Now in Effect

On January 1, 2020, Illinois' new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video...more

Order Enjoining CA Arbitration Ban Modified but Remains in Effect

The temporary restraining order pausing enforcement of AB 51, the controversial law prohibiting mandatory arbitration agreements in California, remains in effect, though it has been narrowed in scope. ...more

Court Hits Pause Button on California Arbitration Ban

On October 10, 2019, Governor Newsom signed a law prohibiting employers from requiring employees to sign arbitration agreements as a condition of employment on or after January 1, 2020. ...more

California Passes More #MeToo Changes for California Employers in 2020

Two years after the start of the #MeToo movement, the law concerning discrimination and harassment in the workplace continues to develop. This year, the California legislature passed—and Governor Newsom signed—several...more

Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews

With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more

California Supreme Court Confirms that Health Care Employees Who Work More Than 12 Hours May Lawfully Waive Second Meal Period

California’s Industrial Welfare Commission ("IWC") Wage Order 5 and the California Labor Code set forth meal and rest period requirements for non-exempt health care employees, and permit the waiver of a second meal period for...more

Seismic Shift in Determining Contractor Status: Unanimous California Supreme Court Adopts New Test for Evaluating Independent...

Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for...more

Last Gasp for Narrow Rules Review? NLRB Holds Hospital Badge Policy Unlawfully Prevented Employees From Wearing Union Insignia

Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more

California Employers Be WARNED: California WARN Act Applies to Temporary Layoffs

In a recent decision, a California Court of Appeal ruled for the first time that a temporary layoff is sufficient to trigger the protections of the California WARN Act (“Cal WARN”). In Int’l Brotherhood of Boilermakers, Iron...more

California Adopts State-Wide Restrictions on Criminal History Inquiries for Job Applicants

Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

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