On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more
In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was...more
On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually...more
3/11/2024
/ Cal-OSHA ,
California ,
Governor Newsom ,
Labor Code ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California.
The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more
On November 8, 2023, the California Supreme Court heard oral argument in Estrada v. Royalty Carpet Mills, Inc., a case that could have profound implications for the future of Private Attorneys General Act (PAGA) litigation. ...more
Last week, the California Legislature passed Senate Bill 616 (“SB 616”), an amendment to California’s statewide paid sick leave law that significantly increases the amount of leave that employers need to provide and permit...more
On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions. The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published...more
California Labor Code section 2802 (“Section 2802”) requires employers to reimburse employees for “all necessary expenditures or losses” they incur as a “direct consequence of the discharge of … [their] duties, or … [their]...more
On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately...more
As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more
4/24/2023
/ Arbitration ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Code ,
Labor Law Violations ,
Oral Argument ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Representations and Warranties ,
SCOTUS ,
Viking River Cruises Inc v Moriana
Under California’s Fair Employment and Housing Act (“FEHA”), employers generally are strictly liable for a supervisor’s harassment, even where the employer is unaware of the supervisor’s alleged bad actions. While this left...more
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing...more
On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow...more
Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former...more
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing...more
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect,...more
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed...more
On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of...more
To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the...more
A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more
On August 1, 2022, the California Court of Appeal joined longstanding Ninth Circuit precedent in determining that online-only businesses are not “public accommodations” covered under Title III of the Americans with...more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more
6/6/2022
/ Agricultural Workers ,
California ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Marijuana ,
Off-Duty Employees ,
Pay Data ,
Recreational Use ,
Regulatory Agenda ,
State Labor Laws ,
Workers Compensation Awards ,
Workplace Injury