News & Analysis as of

Employer Liability Issues California State and Local Government

Fisher Phillips

New California Law Allows For Local Enforcement of Employment Discrimination: 3 Tips to Make Sure You’re Protected

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California will soon allow local governments to enforce not only the state’s employment discrimination claims but also local anti-discrimination laws that are more stringent than the state’s anti-bias laws. Governor Newsom...more

Sheppard Mullin Richter & Hampton LLP

California Assembly Committee Revives State’s Captive Audience Meeting Ban

On August 15, 2024, the Appropriations Committee of the California State Assembly passed SB 399 by a vote of 10–3. The bill had passed the Senate in 2023 and has been with the Assembly since, waiting for action and a vote....more

Seyfarth Shaw LLP

Purple Haze: LPA Mandate Poised to Continue Causing Confusion and Chaos for California Cannabis Licensees

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It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Seyfarth Shaw LLP

Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Shaw LLP on

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed...more

Mintz - Employment Viewpoints

“What is Love? Baby, Don’t Sue Me: AB 1076 and California’s Quickly Approaching Valentine’s Day Notification Deadline”

This Valentine’s Day isn’t just about romance in California. As a reminder, February 14, 2024 also marks the deadline for employers to show their employees a different kind of love – love in the form of an explicit,...more

Seyfarth Shaw LLP

California’s Civil Rights Department Releases Updated Pay Data Reporting Guidance

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Seyfarth Synopsis: On January 31, 2024, California’s Civil Rights Department released updated FAQs, Pay Data Reporting templates, and a User Guide for the upcoming California Pay Data Reporting submission for the 2023...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Decision Limits Manageability Dismissals for PAGA Claims

For companies doing business in California, it’s important to be aware of the January 18, 2024 California Supreme Court decision in Estrada v. Royalty Carpet Mills, Inc.*, which examined whether trial courts can strike PAGA...more

Farella Braun + Martel LLP

A Summary of New Laws Coming for California Employers in 2024

In 2023, California has adopted several new employment laws either introducing new employee protections or codifying existing practices into state law. With these changes, employers will need to examine and adjust some of...more

Best Best & Krieger LLP

Governor Newsom Endorses Legislation to Bolster Bargaining Rights for Temporary Public Employees

On October 10, 2023, Governor Newsom signed California Assembly Bill 1484 (2023) (“AB 1484”), supporting bargaining rights for temporary employees effective January 1, 2024.  AB 1484 amends existing law under the...more

Health Care Compliance Association (HCCA)

But we have an arbitration clause: Considerations when hiring Californians

It’s 4:45 p.m. on Friday. The human resources (HR) director calls and tells you that your company—or if you are outside counsel, your client—is finally expanding their sales operation to the West Coast. As part of that...more

Perkins Coie

California Employers Required To Provide Reproductive Loss Leave Starting January 1

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California Governor Gavin Newsom signed into law SB 848 on October 10, 2023. This new law expands California’s Fair Employment and Housing Act (FEHA) to provide covered employees with protected leave after a reproductive...more

Manatt, Phelps & Phillips, LLP

California Employers Must Pay COVID Work-From-Home Expenses

California employers must reimburse workers for their COVID work-from-home expenses, a panel of the state’s Court of Appeal has ruled. To accomplish his duties for his employer, Paul Thai required Internet access, telephone...more

Harris Beach PLLC

California Holds Employers Have No Duty to Protect Employees’ Households from COVID-19

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The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more

Perkins Coie

California Employers Will Not Be Liable for COVID-19 Infections Contracted by Workers’ Household Members

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The California Supreme Court unanimously ruled in Kuciemba v. Victory Woodworks, Inc. on July 6, 2023, that California employers cannot be held liable by their workers’ household members when workers contract COVID-19 in the...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

Sheppard Mullin Richter & Hampton LLP

July 1, 2023 Minimum Wage Increases in California Counties and Municipalities

Many California employers may be facing another minimum wage increase on July 1st. Earlier this year, California’s minimum wage was increased to $15.50 for all employers. However, local entities (like cities and counties) are...more

Jenner & Block

New Path Forward for Employers in PAGA Suits

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The California Private Attorneys General Act (“PAGA”) allows aggrieved employees to file lawsuits to recover civil penalties for Labor Code violations on behalf of themselves, other employees, and the state of California...more

Faegre Drinker Biddle & Reath LLP

California Pay Data Reports Due May 10, 2023

On May 10, 2023, employers must submit their pay data reports to the California Civil Rights Department (CRD). As previously reported here, Senate Bill 1162 amended Labor Code section 432.3 and Government Code section 12999...more

Proskauer - California Employment Law

Good News for Employers: Good Faith Belief of Compliance Precludes Both Final Wage and Wage Statement Penalties

Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Blocks California’s Ban on Mandatory Arbitration Agreements

Employers in California can require workers to sign arbitration agreements as a condition of employment. On February 15, 2023, a divided panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the Federal...more

Faegre Drinker Biddle & Reath LLP

New Guidance Released for SB 1162 – California’s Pay Scale Disclosure Requirements

As part of California’s ongoing efforts to promote workplace pay transparency, Senate Bill 1162, which amends Labor Code section 432.3 and Government Code section 12999, went into effect on January 1, 2023. On December 27,...more

Proskauer - Law and the Workplace

Employers, Are Your Leave Policies Ready to Ring in 2023?

With the arrival of the new year comes the effective date of many new leave laws (and expansion of existing leave laws) across the United States. Below we summarize family and sick leave laws that will take effect across...more

Meyers Nave

California Minimum Wage Increases for all Employers Regardless of Size

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Effective January 1, 2023, the California minimum wage will increase to $15.50 per hour for all employers regardless of size. Although the state minimum wage for small employers (25 or less employees) was scheduled to...more

Meyers Nave

The State of COVID-19 Requirements in California: Five Developments to Keep in Mind

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Almost three years into the COVID-19 pandemic, federal and state regulators are taking steps to prepare for a longer term response to COVID-19. Here are five developments to keep in mind: 1. The Definitions of “Close...more

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