In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration...more
We have previously written on various states’ efforts to limit mandatory arbitration agreements in the employment context. Now, employers in all 50 states need to be careful when requiring mandatory arbitration of employment...more
California COVID supplemental sick leave is back. After Governor Newsom and the State Legislature came to an agreement earlier this year for what the 2022 version of supplemental sick leave would look like, mirror bills (AB...more
2/15/2022
/ California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Sick Leave ,
State and Local Government ,
State Legislatures ,
Supplemental Benefits
Earlier this year, the New York City Commission on Human Rights published robust model policies for employers to use in guiding compliance with the city’s lactation accommodation law. Not to be outdone, California has enacted...more
Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the “interactive process” when an employee requests a disability accommodation. But in actual...more
The #MeToo movement has spawned several bills, many of which are aimed at prohibiting private arbitration of sexual harassment claims or outlawing confidentiality provisions in settlement agreements addressing sexual...more
9/12/2018
/ #MeToo ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Brown ,
Job Applicants ,
Mandatory Arbitration Clauses ,
Proposed Legislation ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
Yesterday (April 30, 2018) the California Supreme Court issued an opinion on the appropriate test to employ when assessing “independent contractor” classification under state law.
The Court’s unanimous decision throws out...more
Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree...more
The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more
In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours...more
Earlier this year, we noted that that the Equal Employment Opportunity Commission (“EEOC”) issued somewhat controversial enforcement guidance regarding pregnancy discrimination. It has now become evident that this enforcement...more