News & Analysis as of

Employment Law Commentary - Volume 27, Issue 11, November 2015

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded...more

Recent Changes in California Employment Law

As 2016 approaches, we wanted to highlight the following changes to California law for the new year. Assembly Bill 1506 amends the Private Attorneys General Act (“PAGA”) to rein in actions asserting noncompliance with...more

California Employers Facing Claims For Wage Statement Violations Catch Minor Break From California Legislature But Must Act Fast

The California Legislature has not been particularly kind to employers within the state in recent years and has increased employers’ compliance obligations by enacting measures requiring paid sick leave and gender wage...more

Ninth Circuit, California Agree: Employee Waivers of PAGA Representative Claims Unenforceable

A divided panel in the U.S. Court of Appeals for the Ninth Circuit recently issued a 2-1 decision in the anticipated case of Sakkab v. Luxottica Retail North America, Inc. (Luxottica). Over a strongly worded dissent, the...more

Best in Law: Good News for Employers on Wage, Hour Laws

There is finally some good news for employers in the area of wage and hour laws. Amendments to the Labor Code that went into effect on Oct. 2 provide employers with a limited opportunity to cure technical violations in wage...more

Legislative Update

Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay differential between male and...more

Ninth Circuit Affirms Iskanian Ruling Rendering PAGA Waivers Illegal

In Sakkab v. Luxottica Retail North America, Inc., the Ninth Circuit affirmed the California Supreme Court’s Iskanian v. CLS Transportation Los Angeles, LLC decision (originally summarized in our June 2012 issue), which held...more

Trick or Treat for California Employers

As we approach Halloween, the California Legislature and Governor Jerry Brown have been busy on the employment front. The results of this activity are a “mixed bag” for California employers....more

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Summary of Key New California Laws for 2016: What Employers Should Know

Governor Brown has signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of the particular new law is indicated in the heading of the Assembly Bill (AB) and/or...more

Safe Harbor Relief for Some Violations of Wage Statement Requirements Under the California Labor Code

Two new laws—both related to employee wage statements—give California employers a safe harbor opportunity to avoid costly liability for small, technical, unintentional, or short-lived violations. Assembly Bill No. 1506 (AB...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

Alert: California Amends PAGA to Permit Employers to Cure Certain Labor Code Violations

California's Governor Jerry Brown recently signed into law a bill that allows employers to "cure" certain technical defects in employee wage statements. Effective immediately, employers have 33 days to remedy those defects...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

2015 California Labor and Employment Legislation Update: It’s Final!

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

New California Law Allows Employers to Cure Two Wage Statement Violations Within Limited Period

Governor Jerry Brown has signed into law AB 1506, a bill that will allow employers to cure two types of technical itemized wage-statement violations to avoid the risk of costly Private Attorneys General Act (“PAGA”) suits....more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Ninth Circuit Holds That State Decision Barring Waiver Of Representative Claims Does Not Conflict With Federal Arbitration Act

On June 25, 2012 and July 7, 2014, we reported on the issue of waiver of representative claims under California’s Private Attorneys General Act of 2004 (“PAGA”). In Iskanian v. CLS Transportation of Los Angeles, LLC, the...more

Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA...

The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The...more

PAGA In The News – Ninth Circuit Sides with California Supreme Court On Enforcement of PAGA Waivers and California Amends The...

The Ninth Circuit Decision - Delivering a perhaps unexpected blow to employers, the Ninth Circuit sided with the California Supreme Court earlier this week in upholding the state-court-fashioned Iskanian rule, which...more

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that...more

California Expands Right to Cure Certain Claims Under PAGA

Assembly Bill 1506 grants relief to employers from frivolous actions under PAGA by allowing employers to cure certain alleged wage statement defects before an employee may recover PAGA penalties....more

A Cure for PAGA? At Least for Some Frivolous Wage Statement Claims

California employers had reason to celebrate over the weekend, as Governor Jerry Brown signed legislation to curb frivolous “PAGA” lawsuits alleging noncompliance with itemized wage statement requirements in California Labor...more

New California Law Allows Employers to Correct Wage Statements to Avoid Litigation—Review Your Wage Statements Now

On October 2, 2015, Governor Jerry Brown signed into law Assembly Bill 1506 (AB 1506). The new law amends the California Private Attorneys General Act (PAGA) to allow employers the right to “cure” certain commonly litigated...more

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