Labor Code

News & Analysis as of

California Law Restricts Employers From Asking About Juvenile Criminal History

California recently amended its existing law governing inquiries into and the use of juvenile criminal information. Effective January 1, 2017 employers will be restricted from asking about, seeking, or using a California...more

The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Claim for Failure to Reimburse Reasonable Business Expenses Not Barred by EPL Policy’s Wage and Hour Exclusion

Don’t be too surprised if you see a “wage and hour” exclusion in your employment practices liability insurance policy, especially if you have employees in California. While these exclusions purport to bar coverage for claims...more

Another Year, Another Set of Laws: What California Employers Should Know

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Impact of President Trump Likely Limited for California Employers

The new president will likely bring substantial shifts in federal government policy, but California employers will be less affected by the changes because California has so many of its own employment laws. Here are some...more

Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more

Senate Bill 1001 Amends the California Labor Code to Expand Protection from Unfair Immigration-Related Practices

Continuing a recent legislative trend, Senate Bill 1001 expands existing prohibitions regarding unfair immigration-related practices. Specifically, this bill amends the California Labor Code to provide a civil remedy for an...more

New Laws Expand California’s Equal Pay Act to Include Race and Limit Use of Prior Salary

The Wage Equality Act of 2016 (Senate Bill 1063) expands California’s Equal Pay Act to target race and ethnicity-related wage differentials. This bill picks up where last year’s Equal Pay Act (which bolstered prohibitions on...more

California Court of Appeal Concludes Accrued Paid Time Off Need Not Be Identified in Wage Statements Until Employment Ends

In a win for employers, the California Court of Appeal recently held that employers are not required to include the monetary amount of accrued vacation pay or paid time off (PTO) in its employees’ wage statements until a...more

The Clock is Ticking for the “De Minimus” Time Doctrine

With briefs due next week, we anxiously await the California Supreme Court’s review of the de minimus doctrine in Troester v. Starbucks Corporation. Under the doctrine, employers are not obligated to pay employees for small...more

No Need To Leave The Light On: Motel 6 Not Required To Identify Monetary Value of Employee’s Accrued Vacation on Wage Statement

In Lidia Soto v. Motel 6 Operating, L.P., (Superior Court No. 37-2015-00017074-CI-OE-CTL), published October 20, 2016, the Court of Appeal for the Fourth Appellate District unanimously rejected an employee’s argument that her...more

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem...more

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

Another Employee-Friendly Law: New California Law Aims to Keep Employment-Related Disputes Centered in California

Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so. With limited exceptions, the new law,...more

New California Law Threatens To Destroy Plan Uniformity

Companies often include a choice of law provision in their equity and other compensation plans. Some companies include a choice of law in the award agreement, either in lieu of, or in addition to, the plan document. ...more

California’s Fall Legislation Report: A Rundown of the Most Significant New Employment Laws

The California legislature and governor showed no signs of slowing down this year and enacted a long list of new employment laws. Below is a list of the most significant laws affecting private sector employers....more

California expands pay equity, limits pay stub requirements

Employers with employees or facilities in California should take note of several recent employment laws signed by California Governor Jerry Brown in recent months....more

California's new "choice" of law and venue rules for employment agreements

California Labor Code section 925 will apply to employment contracts entered into, modified, or extended on or after January 1, 2017. This new law prohibits employers from requiring an employee who primarily resides and works...more

Employment Law - October 2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

California Computer Professional Salary Requirement to Increase to $88,318.55

Employers of California computer professionals must ensure compensation rates meet new salary thresholds that go into effect January 1, 2017. In addition to reviewing compensation to ensure compliance with upcoming...more

A Workers’ Compensation Double Play: Governor Signs SB 1160 and AB 1244 To Squeeze Out More System Costs

SB 1160, introduced by Senator Mendoza and signed into law September 30, 2016, amends several Labor Code sections affecting authorized medical treatment, utilization review, and lien litigation. Its principal achievement is...more

California’s Fair Pay Act Expanded to Include Race & Ethnicity

California’s Fair Pay Act, already the broadest in the nation, has now been expanded in two key aspects: First, the Governor approved SB 1063, so that the Fair Pay Act now protects against race-based disparities in pay. ...more

Pay-To-Play Meets The California Labor Code

In 2010, the Securities and Exchange Commission adopted a rule (17 CFR § 206-4(5)) prohibiting an investment adviser from providing advisory services for compensation to a government client for two years after the adviser or...more

California prohibits employee agreements providing for out-of-state venue or law

Effective January 1, 2017, employers doing business in California can no longer require, in an employment contract or offer letter, that a California employee bring an employment dispute outside California or have a dispute...more

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