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PAGA Reform: What California Employers Need to Do Now

California employers have come to know California’s Private Attorneys General Act (“PAGA”) as an expensive cost of doing business within the state. Unfortunately, the new PAGA reform is not likely to lead to any decrease in...more

Adolph v. Uber: Sending Individual PAGA Claims to Arbitration Does Not Affect Plaintiffs’ Standing to Pursue a Representative PAGA...

The California Supreme Court issued its long-awaited ruling in Adolph v. Uber Technologies, Inc. on July 17, 2023, holding that an employee can pursue a non-individual representative action under the Private Attorneys General...more

Six Degrees of Separation: Temperature Testing as Employees Return to Work

As states begin to reopen and employees return to the workplace, employers are faced with trying to protect workers and prevent the spread of COVID-19 in the workplace. Many employers are looking to temperature testing as a...more

Try To Restrain Yourself: California Is Temporarily Restrained From Enforcing Arbitration Ban

Remember California’s new ban on mandatory workplace arbitration agreements? The Eastern District of California has put it on ice, granting a temporary restraining order against the ban’s enforcement....more

The Golden State Expands Lactation Accommodations For Working Mothers

California Governor Gavin Newsom recently signed into law SB 142, significantly expanding employers’ obligations to provide break time and lactation room accommodations for working mothers. ...more

Not Your Call: California Employers May Pursue Damages for Employees’ Illegal Recordings

In the age of smartphones, virtually everyone has a recording device at his or her fingertips—including employees. This can present challenges in the workplace. For example, smartphones and other technology enable employees...more

Money for Nothing? On-Call Checks For Free: California Court Says Employers Must Pay Employees For Certain On-Call Scheduling...

A California Court of Appeal recently issued an order in Ward v. Tilly’s, Inc. finding that certain on-call scheduling practices trigger “reporting time pay” requirements even when the employee does not actually come into the...more

9th Circuit: Employers Must Foot the Bill for Post-Offer Follow-up Medical Exams

The Ninth Circuit recently sided with the Equal Employment Opportunity Commission (“EEOC”), holding that employers can’t require applicants to pay for follow-up post-offer medical exams. ...more

Employers, Victims, and Witnesses Rejoice: California Bars Sexual Harassers from Suing for Defamation

In the wake of #MeToo, California has enacted a new statute aimed to protect victims, witnesses, and former employers from claims of defamation for making complaints or communicating information about alleged sexual harassers...more

Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch

In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been flooded with an...more

CA Court of Appeal Ruling Takes PAGA Standing By The Reins

Since its inception, the Private Attorneys General Act of 2004 (“PAGA”) has been a thorn in employers’ sides by allowing “aggrieved employees” to seek civil penalties on behalf of the State of California and other “aggrieved...more

California Takes One Step Closer to Imposing Reporting Requirements and Public Shaming for Employer Pay Gaps

When we last checked in on AB 1209, the Gender Pay Gap Transparency Act, the proposed legislation was making its way through the California Senate. After making a few key amendments, the Senate passed the bill on September 7,...more

Sick of It Yet? The DLSE Issued New Paid Sick Leave FAQs

Paid sick leave remains an epidemic that won’t quit. Since California enacted the Healthy Workplaces, Healthy Families Act of 2014 (Cal. Lab. Code § 245, et seq.) (“California Paid Sick Leave”), paid sick leave laws have...more

Upon Further Review: Supreme Court Weighs Deference Due District Courts in EEOC Subpoena Proceedings

In a recent oral argument before the U.S. Supreme Court, the justices considered a narrow procedural issue that could have broader implications for the subpoena power of the U.S. Equal Employment Opportunity Commission...more

To Free or Not to Free: The DOL’s New Overtime Regulations May Give Employees the Ability to “Unplug”—But at What Cost?

Today, mobile technology allows many exempt employees to work remotely and perform work outside traditional working hours. Some commentators assert that the smartphone has stretched the traditional 9-to-5 workday into a 24/7...more

It’s Contagious: Paid Sick Leave and Minimum Wage Hikes Spread to Los Angeles and San Diego

Paid sick leave is on the rise, as we reported here, here, here, and here. As we approach the one-year compliance anniversary for state-mandated paid sick leave, employers now face additional compliance wrinkles in the Los...more

Big Bucks for Baby-Bonding: San Francisco Passes Employer-Paid Parental Leave Ordinance

Staying true to form, earlier this month San Francisco passed the nation’s first fully-paid parental leave law known as the Paid Parental Leave for Bonding with New Child Ordinance (“Paid Parental Leave Ordinance”). ...more

Latest California Equal Pay Legislation Targets Race and Ethnicity

As California employers adjust to recent amendments to the state’s Equal Pay Act, additional changes are looming. As we reported, last year, California adopted the Fair Pay Act, which provides new pay equity provisions...more

Minimum Wage, Maximum Headache: California’s Minimum Wage Hits $10 in 2016. Are You Prepared?

As you brace for the New Year, don’t forget that California’s minimum wage will reach $10 per hour on January 1, 2016.  This latest increase is the final stage of the two-step legislation that increased the minimum wage from...more

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