As of September 3, 2024, employers in the unincorporated areas of Los Angeles County must comply with the Los Angeles County Fair Chance Ordinance (FCO), which places restrictions on criminal background screening beyond those...more
9/19/2024
/ Background Checks ,
Ban the Box ,
California ,
Compliance ,
Covered Employer ,
Criminal Convictions ,
Employees ,
Employer Liability Issues ,
Fair Chance Act ,
Job Applicants ,
New Regulations ,
Training
The California Occupational Safety and Health Standards Board (Board) has approved a new regulation for Heat Illness Prevention in Indoor Places of Employment. The Office of Administrative Law (OAL) has 30 working days to...more
On June 27, 2024, California Gov. Newsom signed legislation — Assembly Bill (AB) 2288 and Senate Bill (SB) 92 — that substantially reforms the Labor Code Private Attorneys General Act of 2004 (PAGA) The legislation, which was...more
California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect...more
Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more
7/25/2023
/ Adverse Employment Action ,
CA Supreme Court ,
California ,
Disclosure ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Policies and Procedures ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
On July 17, 2023, the California Supreme Court unanimously held in Adolph v. Uber Technologies, Inc. that even if a plaintiff who brings a claim under California’s Private Attorneys General Act (PAGA) has their individual...more
Some good news for California employers. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled that California employers can require employees and applicants to sign arbitration agreements as a condition of...more
On December 31, 2022, the Cal/OSHA Emergency Temporary Standards (ETS), as previously summarized, expire after being in place since November 2020. On December 15, 2022, the California Occupational Safety & Health Standards...more
In 2022, California Gov. Gavin Newsom signed many laws impacting California employers. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January...more
10/14/2022
/ Cal-OSHA ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Human Trafficking ,
Layoffs ,
Marijuana ,
Paid Sick Leave ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
On May 23, 2022, the California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that unpaid meal and rest period premiums can form the basis of claims for wage statement violations under California Labor...more
On April 21, 2022, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to readopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA posted in preparation of...more
On March 3, 2022, President Joe Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the Act) into law. Upon signing the bill, which had bipartisan Congressional support, President...more
On February 9, 2022, California Gov. Gavin Newsom signed Assembly Bill 84 (AB), which provides COVID-19 supplemental paid sick leave (SPSL) for covered employees who are unable to work or telework due to COVID-19 related...more
On December 16, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to re-adopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA posted in preparation...more
12/21/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
Occupational Exposure ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 22, 2021, the U.S. Department of Labor (DOL) finalized a rule to increase the hourly minimum wage for employees of certain federal contractors beginning January 30, 2022. The final rule implements Executive Order...more
Stray remarks by a non-decision maker, together with other evidence, may be enough to keep a discrimination case alive, the California Court of Appeal for the second appellate district held in the recently decided Jorgensen...more
In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more
10/22/2021
/ ABC Test ,
Agricultural Workers ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emotional Support Animals ,
Governor Newsom ,
Independent Contractors ,
Non-Disparagement Provisions ,
Personal Protective Equipment ,
Quotas ,
State and Local Government ,
State Labor Laws ,
Wage Theft ,
Warehouses ,
Workplace Safety
A divided three-judge panel of the Ninth Circuit Court of Appeals vacated the January 2020 preliminary injunction against enforcement of Assembly Bill 51 (AB 51), and upheld portions of the law that prohibited employers from...more
The federal Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees at least minimum wage plus overtime compensation. If an employee is unpaid or underpaid — due to a calculation error or an employee’s...more
On September 9, 2021, the Second District of the California Courts of Appeal ruled in Fred Wesson v. Staples the Office Superstore, LLC that trial courts have “inherent authority” to strike claims under the California Private...more
On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held in Johnson v. Maxim Healthcare Services, Inc., that an aggrieved employee whose individual claim was time-barred had standing to pursue a...more
On July 15, 2021, the California Supreme Court ruled that an employee’s “regular rate of compensation” for the purposes of meal and rest break penalties includes all nondiscretionary payments, not just hourly wages. This...more
On June 17, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to re-adopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA noticed on June 11, 2021...more
6/22/2021
/ Administrative Review ,
Amended Rules ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Exclusions ,
Executive Orders ,
Governor Newsom ,
Masks ,
Policies and Procedures ,
Social Distancing ,
State and Local Government ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety
UPDATE: Cal/OSHA Withdraws June 3, 2021 revised ETS. In a special meeting held on the evening of June 9, 2021, the Cal/OSHA Board met to consider the latest guidance from the Centers for Disease Control and California...more
6/11/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Exclusions ,
Guidance Update ,
Masks ,
Personal Protective Equipment ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Virus Testing
On June 3, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to adopt revisions to its COVID-19 prevention emergency temporary standards (ETS). The Board also voted to create a three-person...more
6/7/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Exclusions ,
Labor Code ,
Masks ,
Personal Protective Equipment ,
Regulatory Requirements ,
Social Distancing ,
State and Local Government ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety