To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more
The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements.
In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more
A number of recent case law and regulatory updates—at both the state and federal levels—carry important implications for California employers in the upcoming year....more
As of January 1, 2023, California will require most employers to disclose “pay scale” information in job postings. SB 1162 also imposes a host of new reporting and pay transparency requirements for larger employers, including...more
10/17/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
EEO-1 ,
Governor Newsom ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Contractor ,
Pay Data ,
Pay Transparency ,
Remote Working ,
Reporting Requirements
Pillsbury lawyers review the 2022 Proxy Season and offer practical tips on how to leverage auditing in your organization’s ESG strategy.
Consider trends seen during the 2022 proxy season, anticipate next year’s lightning...more
The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more
Employers with 26 or more employees are required to comply with the new COVID-19 supplemental paid sick leave starting February 19, 2022, but employer obligations will be retroactive to January 1, 2022, and remain in effect...more
2/17/2022
/ Cal-OSHA ,
California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Labor Code ,
Paid Sick Leave ,
Quarantine ,
Remote Working ,
State Health Departments ,
Vaccinations
The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.”
The California Supreme Court held that employers must pay non-exempt...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Department of Labor (DOL) ,
Labor Code ,
Labor Commissioners ,
Meal Penalties ,
New Regulations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Wages
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more
5/4/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
CBAs ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Discrimination ,
EFMLA ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Non-Essential Businesses ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
Telecommuting ,
Workplace Safety
EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission.
EEOC greenlights employer-administered COVID-19 testing and temperatures...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Virus Testing ,
Workplace Safety
California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential.
Employers...more
11/22/2019
/ Arbitration Agreements ,
Breastfeeding ,
Contract Terms ,
Corporate Counsel ,
Double Recovery ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
No-Rehire Provisions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Recommendations for employers before new law goes into effect on January 1, 2020
On September 18, 2019, California Governor Gavin Newsom signed into law a bill making it risky for employers (regardless of size) to classify...more
9/27/2019
/ ABC Test ,
Commercial Truck Drivers ,
Dancers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Tech Industry
Golden State’s new anti-harassment acts make it easier for employees to assert sexual harassment claims. Statutes also increase training requirements and limit non-disclosure agreements.
Governor Jerry Brown signed several...more
10/8/2018
/ #MeToo ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Governor Brown ,
Governor Vetoes ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws
The U.S. Supreme Court held that arbitration agreements governed by the Federal Arbitration Act (FAA) may lawfully prohibit collective and class actions in employment disputes.
State laws, such as the California Private...more
6/6/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
California Supreme Court’s new Dynamex test may throw a wrench into business models that rely on independent contractors.
The California Supreme Court has imposed a new test for determining who is an independent contractor...more
5/10/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Rejecting contrary SEC regulation, Court holds that Dodd-Frank does not protect whistleblowers who report up internally but do not report out to the SEC.
Supreme Court resolves circuit split over Dodd-Frank Act’s...more
2/27/2018
/ Anti-Retaliation Provisions ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Internal Reporting ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Whistleblower Protection Policies ,
Whistleblowers
Social media supercharges the potential for sexual harassment allegations involving work colleagues and could lead to consequences for employers who fail to act quickly and appropriately.
Recent events herald a change in...more
Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more
5/3/2017
/ Arbitration ,
Banking Sector ,
Citibank ,
CLRA ,
Consumer Contracts ,
False Advertising ,
Federal Arbitration Act ,
Injunctive Relief ,
Mandatory Arbitration Clauses ,
Preemption ,
Public Policy ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices ,
Waivers
Takeaways:
- SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries.
- Express disclosure of these rights in severance...more
1/20/2017
/ Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Enforcement Actions ,
Non-Disparagement Provisions ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Severance Agreements ,
Waiver of Rights ,
Whistleblower Protection Policies ,
Whistleblowers
On April 5, 2016, the San Francisco Board of Supervisors unanimously approved legislation that would require most San Francisco employees to receive six weeks of fully paid parental leave. The new ordinance requires nearly...more
Employers in the hospitality industry have been increasingly assessing and updating their tipping practices over the past several years, with some even eliminating tipping all together, affecting both their bottom lines and...more
On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime...more
On September 10, 2014, California Governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“the Act”). The Act grants nearly all California employees the right to at least three...more
In a far-reaching decision, the California Second District Court of Appeal held in Cochran v. Schwan’s Home Serv., Inc., Cal. Ct. App. No. B247160, (August 12, 2014) that California Labor Code section 2802 requires employers...more