UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today.
What are the main takeaways from the proposed legislation?
To...more
7/5/2024
/ California ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Law Violations ,
Labor Reform ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
Governor Newsom, in partnership with legislative leadership and business and labor groups, announced an agreement to reform the Private Attorneys General Act, or PAGA. The proposed agreement includes sweeping changes to...more
It is time to take stock of where we are with potential new employment-related laws now that we have passed the first major deadline in California’s legislative calendar. May 24 marked the deadline for pending legislation to...more
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant...more
1/10/2024
/ Disclosure Requirements ,
Employee Benefits ,
Employment Discrimination ,
Fast-Food Industry ,
Harassment ,
Health and Safety ,
Labor Code ,
Minimum Wage ,
OSHA ,
Paid Sick Leave ,
Retaliation ,
Sick Leave ,
Unfair Competition ,
Wage and Hour
Employers, it is time, once again, to update your existing handbooks and employment policies. California enacted several new laws that will affect your business beginning Jan. 1, 2024. On the flip side, in a win for...more
Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings.
Topics include:
- Key bills relating to paid sick leave, CalWARN notice...more
10/25/2023
/ Best Practices ,
California ,
Continuing Legal Education ,
Disclosure Requirements ,
Employee Handbooks ,
Employee Rights ,
Employment Litigation ,
Enforcement Actions ,
New Legislation ,
NLRB ,
Notice Requirements ,
Paid Sick Leave ,
Pay Transparency ,
Privacy Laws ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Webinars
The California Office of Administrative Law recently approved the Civil Rights Council’s amendments to regulations in the Fair Employment and Housing Act (“FEHA”) that govern employer inquiries into and consideration of a job...more
8/23/2023
/ California ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Convictions ,
Department of Labor (DOL) ,
Evidence ,
FEHA ,
Job Ads ,
Job Applicants ,
Labor Regulations ,
Mitigating Factors ,
Voluntary Disclosure ,
Work Opportunity Tax Credit
Attorney General’s Sweep -
On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” focused on the employee data of certain, unnamed large employers in the state....more
The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more
On May 22, 2023, the California Supreme Court released an opinion finding that California’s whistleblower protection statute (Labor Code section 1102.5(b)) applies when an employee “blows the whistle” on activity that is...more
Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...more
5/19/2023
/ Coronavirus/COVID-19 ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
USCIS
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
In a 6-3 decision issued today, the United States Supreme Court held that a former employee of an offshore oil rig, who earned more than $200,000 a year, was eligible for overtime pay under the Fair Labor Standards Act...more
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements.
Individual PAGA Claims Are...more
In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more
On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more
The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. A redline of the recently expired Cal/OSHA ETS and the newest Cal/OSHA ETS is available HERE. The newest...more
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade.
In Viking River Cruises, Inc. v. Moriana, No. 20-1573, the Court will decide whether...more
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became...more
12/17/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Newsom ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
State Labor Laws ,
Workplace Safety
Ethical behavior is vital to a business’s reputation with both the public and its workforce, and society is paying close attention to how businesses and individuals respond to the many issues that affect our daily lives. It...more