On June 27, 2024, California Gov. Newsom signed legislation — Assembly Bill (AB) 2288 and Senate Bill (SB) 92 — that substantially reforms the Labor Code Private Attorneys General Act of 2004 (PAGA) The legislation, which was...more
California Gov. Gavin Newsom signed several laws impacting California employers in 2023. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect...more
Some good news for California employers. Recently, the U.S. Court of Appeals for the Ninth Circuit ruled that California employers can require employees and applicants to sign arbitration agreements as a condition of...more
In 2022, California Gov. Gavin Newsom signed many laws impacting California employers. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January...more
10/14/2022
/ Cal-OSHA ,
California Privacy Rights Act (CPRA) ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Human Trafficking ,
Layoffs ,
Marijuana ,
Paid Sick Leave ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
Stray remarks by a non-decision maker, together with other evidence, may be enough to keep a discrimination case alive, the California Court of Appeal for the second appellate district held in the recently decided Jorgensen...more
In 2021, California Gov. Gavin Newsom signed several laws impacting California employers. The new laws — some of which recently became effective and others were signed into law just weeks ago and take effect January 1, 2022 —...more
10/22/2021
/ ABC Test ,
Agricultural Workers ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emotional Support Animals ,
Governor Newsom ,
Independent Contractors ,
Non-Disparagement Provisions ,
Personal Protective Equipment ,
Quotas ,
State and Local Government ,
State Labor Laws ,
Wage Theft ,
Warehouses ,
Workplace Safety
On July 15, 2021, the California Supreme Court ruled that an employee’s “regular rate of compensation” for the purposes of meal and rest break penalties includes all nondiscretionary payments, not just hourly wages. This...more
In 2020, California Governor Gavin Newsom signed several laws impacting California employers. The new laws — some of which were signed into law just weeks ago — address several topics including sick leave, worker...more
10/21/2020
/ Board of Directors ,
California Consumer Privacy Act (CCPA) ,
Classification ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Diversity ,
Employer Liability Issues ,
Governor Newsom ,
Sick Leave ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour
On August 19, the Ninth Circuit delivered the latest guidance in the long-running debate over the Federal Arbitration Act’s (FAA) scope. It held that Amazon delivery drivers can move forward with a nationwide class action —...more
On June 23, 2020, the San Francisco Board of Supervisors passed a "Back to Work" Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered...more
As many have now completed several weeks of teleworking, we are acclimating to our new “normal.” While remote working may have seemed like a “dream job” with flexible schedules, casual (sometimes very casual) attire and more...more
Updated as of April 8, 2020 -
The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA provides temporary relief to eligible employees affected...more
Amendments to California’s Safe Drinking Water and Toxic Enforcement Act of 19861 (commonly known as Proposition 65 or Prop 65) go into effect on April 1, 2020, providing clarifying guidance concerning the responsibility of...more
Employees must be paid for time spent waiting for, and undergoing, searches of their bags, packages and personal technology devices, the California Supreme Court ruled February 13, 2020, in Amanda Frlekin, et al. v Apple,...more
The California legislature and Governor Gavin Newsom considered and ultimately passed a number of significant laws in 2019 that will affect California employers beginning January 1, 2020. The new laws – some of which were...more
10/31/2019
/ ABC Test ,
Arbitration Agreements ,
Employee Definition ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Race Discrimination ,
State Labor Laws ,
Wage and Hour
Continuing its active involvement in regulating the employer-employee relationship, in 2018 the California legislature again enacted many new laws affecting California employers....more
12/18/2018
/ Board of Directors ,
Diversity ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Human Trafficking ,
Lactation Accommodation ,
Paid Family Leave Law ,
Paid Leave ,
Popular ,
Retaliation ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Companies can continue to rely on the broader, more company-friendly Borello standard for non-wage order claims, as the new “ABC” test applies only to claims brought under wage orders, the California Appellate Court’s Fourth...more
California’s strict rules prohibiting harassment and discrimination based on protected classes, including national origin, are getting stricter on July 1, 2018. New regulations under the Fair Employment and Housing Act...more
Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers.
The new laws address several topics, including: -
Broader gender-related discrimination,...more
1/17/2018
/ Ban the Box ,
Contractors ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Exempt-Employees ,
Fair Pay Act ,
FEHA ,
Form I-9 ,
Gender Identity ,
Hiring & Firing ,
Job Applicants ,
Minimum Wage ,
Parental Leave ,
Retaliation ,
Salary/Wage History ,
Wage and Hour
California employers cannot require their employees to work more than six days in seven, but the clock restarts each workweek, meaning employees can work as many as 12 consecutive days without a day of rest, the California...more
On April 6, 2017, the California Supreme Court, in McGill v. Citibank, N.A., No. S224086, ruled that a provision in Citibank’s arbitration agreement purporting to waive the right to seek “public” injunctive relief under...more
The California legislature enacted many new laws in 2016 affecting California employers, many of which are summarized below. All employers with operations in California should be aware of these new laws and consult with...more
12/28/2016
/ Anti-Discrimination Policies ,
Background Checks ,
Corporate Counsel ,
Criminal Background Checks ,
Employee Restrooms ,
Employer Liability Issues ,
Employment Contract ,
Fair Chance Act ,
Fair Pay Act ,
FEHA ,
Human Trafficking ,
Labor Code ,
Minimum Wage ,
Recordkeeping Requirements ,
Retaliation ,
Unpaid Wages ,
Wage and Hour