On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
Senator Bernie Sanders (I-VT) has introduced the Thirty-Two Hour Workweek Act (the “Act”), a bill that, if enacted, would lower the threshold for a “standard” workweek by 20 percent, from 40 to 32 hours. Should the Act become...more
California’s minimum wage is already one of the highest in the nation at $16 per hour (although Sacramento’s efforts pale in comparison to those of cities and towns across the Golden State, which have created a patchwork...more
As we previously reported, California recently enacted AB 1076, which reinforces the state’s broad statutory ban on noncompete agreements. The law took effect on January 1, 2024, and expressly codifies Edwards v. Arthur...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
In many if not most...more
1/17/2024
/ Adverse Employment Action ,
Burden of Proof ,
California ,
Corporate Counsel ,
Emotional Distress Damages ,
Employment Discrimination ,
Employment Litigation ,
Expert Testimony ,
Harassment ,
New Legislation ,
Psychiatrists ,
Retaliation ,
Wrongful Termination
On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699, which amends California Business & Professions Code Section 16600 to prohibit an employer from entering into or attempting to enforce a...more
As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of...more
6/28/2023
/ Americans with Disabilities Act (ADA) ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
New Guidance ,
New Legislation ,
Pregnancy Disability Leave Law ,
Pregnant Workers Fairness Act ,
Proposed Legislation ,
Reasonable Accommodation
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the...more
9/22/2022
/ Bereavement Leave ,
California ,
Corporate Counsel ,
Employment Discrimination ,
Governor Newsom ,
Labor Relations ,
New Legislation ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Data ,
Pending Legislation ,
Workplace Safety
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by...more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or...more
9/27/2021
/ Amazon Marketplace ,
Cause of Action Accrual ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Quotas ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
Gov. Newsom has signed Senate Bill 592 (“SB 592”) into law. Effective next year, SB 592 requires jury commissioners across the state to include anyone who files state taxes in the pool of prospective jurors. Currently,...more
On September 30, 2020, Gov. Newsom signed Assembly Bill 979 (“AB 979”) into law. The new statute, which adds section 301.4 to the Corporations Code, is aimed at increasing representation from communities of color and the...more
On Friday June 5, Gov. Newsom announced that California has authorized the music, film and television production industries to reopen on or after this coming Friday, June 12, 2020. The same day, Gov. Newsom announced the...more
On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements....more
On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional.
AB-5 is...more
As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more
12/12/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
New Legislation ,
Preemption ,
State Labor Laws
Here’s a comprehensive list of the new employment-related statutes enacted and signed into law in the Golden State (effective Jan. 1, 2020 unless otherwise specified)...more
10/15/2019
/ Arbitration Agreements ,
Bias ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employee Training ,
Employment Discrimination ,
FEHA ,
Hairstyle Discrimination ,
Independent Contractors ,
New Legislation ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Statute of Limitations
On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their...more
10/14/2019
/ #MeToo ,
Arbitration Agreements ,
Corporate Counsel ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Governor Newsom ,
Lactation Accommodation ,
New Legislation ,
Preemption ,
State Labor Laws ,
Statute of Limitations
It’s springtime in California! Even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing 100s of new laws because, after all, you can never get too much of a good thing!...more
A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair),...more
In addition to the #MeToo inspired legislation, which we covered in a recent blog post, Governor Brown signed several other pieces of legislation amending existing laws and imposing new requirements regarding employment. Here...more
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement:
New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements -
Senate Bill...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Harassment ,
Hostile Environment ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Woman Board Members
Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation. This...more
On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private...more
7/9/2018
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Form I-9 ,
Governor Brown ,
Immigration Enforcement ,
New Legislation ,
Notice Requirements ,
State Labor Laws ,
Subpoenas