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Legislative Action Heralds Sweeping Changes to PAGA, Resulting in Tools for More Effective Administration and Potential to Curb...

The Private Attorneys General Act of 2004 (“PAGA”) has been increasingly criticized as harmful to employers and employees. Well-meaning organizations are forced to expend resources settling often frivolous actions rather than...more

FTC Prohibits Noncompete Agreements; Business Groups Sue

The Federal Trade Commission (“FTC”) just approved a rule that would largely prohibit making or enforcing employee noncompete agreements. The U.S. Chamber of Commerce and others have already sued to block the new rule. What...more

Addressing Litigation Risks Unique to the New Realities of Remote Work [Audio]

In a post-pandemic environment, more people are still working from home than ever before. In this episode, Dorsey Partners Kent Schmidt, Nisha Verma, and Heather Dillion discuss the types of claims they are seeing and issues...more

6/21/2023

Tensions Continue to Rise as Labor Organizing and Enforcement Both Increase Going in to 2023

As union organizing increases and covers industries not traditionally captured by unions, the landscape for employers is changing rapidly. Below are the key items employers (both union and non-union) should keep in mind for...more

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

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

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