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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

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

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

Seven Takeaways From Cal/OSHA’s New Emergency COVID-19 Regulation

On the cusp of the holiday season, the California Occupational Safety and Health Standards Board (OSHSB) adopted a comprehensive COVID-19 emergency regulation addressing a variety of issues related to COVID-19 in the...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

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

Ninth Circuit Weighs in on California De Minimis Standard, Finding that Troester Requires Compensation for Even “Seconds” of Time...

In July of 2018, Dorsey updated you on the California Supreme Court’s ruling in Troester v. Starbucks Corp., where the Court rejected the federal minimis doctrine, which exempts employers from compensating employees for short...more

California Governor Signs Spate of #MeToo Era Bills Into Law

In his last bill signing of his final term, Governor Jerry Brown signed into law several bills affecting employers’ obligations relating to sexual harassment. Those imposing the most sweeping changes are described briefly...more

Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?

While portions of California’s Immigrant Worker Protection Act have been enjoined, employers remain subject to notice obligations. California passed a statute limiting the extent to which employers could cooperate with...more

California High Court Confirms Written Authorization Required For Most Employer Background Checks

The California Supreme Court recently confirmed that employers seeking background reports need to ensure they are in compliance with both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit...more

California High Court Rejects De Minimis Standard, Requiring Employers to Account for and Compensate Even Small Increments of Time...

In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more

In a Common Sense Decision, Appellate Court Clarifies Deadline for Employers to Issue Wage Statements under Labor Code Section 226

It’s a situation any Human Resources professional might find themselves in – circumstances require you to effectuate a termination in short order and you have to scramble to calculate the employees’ correct final pay and...more

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Question #275: Can We Take A Stand On Employees Sitting?

Question: Some of our retail company’s employees in California are demanding chairs to sit in while they work. Management thinks it appears unprofessional to have workers sitting, but I hear the employees might have a legal...more

Quirky Question #271: We’ve Got a Worried Waiter

Question: We recently interviewed a candidate for a server position at our restaurant. During the interview, he informed us that he has an anxiety disorder, which causes him to have panic attacks out of the blue. Do we have...more

Quirky Question #263, My Supervisor is Stressing Me Out!

Question: We have an employee who claims she has a mental disability involving stress and anxiety caused by working with her supervisor, and she has asked for a different supervisor as an accommodation. This doesn’t seem to...more

Taking the Stress Out of Employee Claims of Disability Caused by the Stress of Working for a Particular Supervisor

Navigating an employee’s claim of stress-related disability continues to challenge employers. Recently, the California Court of Appeal provided helpful guidance for employers when an employee claimed to be unable to work...more

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