A big focus of the #MeToo movement over the last several years has been on efforts to increase the statute of limitations for bringing sexual harassment claims. Governor Newsom just signed into law Assembly Bill 9 (Reyes),...more
10/11/2019
/ Bias ,
DFEH ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Filing Deadlines ,
Governor Brown ,
Governor Newsom ,
Governor Vetoes ,
New Legislation ,
Retroactivity ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Following San Francisco’s lead, California will soon significantly expand the obligation of most employers to provide break time and a location to express breast milk. The new law, just signed into effect by Governor Newsom...more
10/11/2019
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Newsom ,
Lactation Accommodation ,
New Legislation ,
Parental Leave ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
State Labor Laws
Governor Newsom recently signed legislation to provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also includes discrimination based on hair texture and protective...more
7/8/2019
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Hairstyle Discrimination ,
New Legislation ,
Race Discrimination ,
State Labor Laws
This past Sunday (September 30) represented the deadline for Governor Brown’s final actions on legislative measures, and his final term as California’s governor will come to an end in a few short months.
A whopping 684...more
Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more
10/2/2018
/ #MeToo ,
Agricultural Workers ,
Arbitration Agreements ,
Attorney's Fees ,
Board of Directors ,
Breastfeeding ,
Bystander ,
Cal Code of Civil Procedure ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Construction Workers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Exempt-Employees ,
FEHA ,
Gender Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Trafficking ,
Joint and Several Liability ,
Joint Liability ,
Litigation Fees & Costs ,
Motor Carriers ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
OSHA ,
Ports ,
Privacy Laws ,
Private Attorneys General Act (PAGA) ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Record Retention ,
Rest and Meal Break ,
Section 998 ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Testimony ,
Third-Party Liability ,
Transportation Industry ,
Trucking Industry ,
Undue Hardship ,
Unions ,
Wage and Hour
On September 22, Governor Brown signed SB 1402, a bill that establishes joint and several liability for customers who contract with or use port drayage motor carriers who have unpaid wage, tax and workers’ compensation...more
9/25/2018
/ Blacklist ,
Civil Liability ,
Commercial Truck Drivers ,
DLSE ,
Exceptions ,
Governor Brown ,
Independent Contractors ,
Joint and Several Liability ,
Labor Code ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Notice Requirements ,
Ports ,
Retailers ,
Tax Liability ,
Transportation Industry ,
Trucking Industry ,
Unpaid Wages ,
Workers' Compensation Claim
On September 20, Governor Brown signed AB 2605, which provides that petroleum facility employees in safety-sensitive positions and are covered by a valid collective bargaining agreement are exempt from the requirement that...more
On September 19, Governor Brown signed AB 2334 (Thurmond) to make various workplace safety and health changes to California law, largely in response to recent activity by the Trump Administration. Among other things, AB 2334...more
9/20/2018
/ Corporate Counsel ,
Electronic Records ,
Filing Deadlines ,
Governor Brown ,
New Legislation ,
OSHA ,
Recordkeeping Requirements ,
State Labor Laws ,
Statute of Limitations ,
Trump Administration ,
Volks Rule ,
Workplace Illness and Injury Reporting
In perhaps the ultimate case of, “do as I say, not as I do,” Governor Brown recently signed legislation to provide PAGA relief to one narrow segment of California employers – unionized construction contractors.
Employers...more
9/20/2018
/ Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Construction Workers ,
Contractors ,
Exemptions ,
Frivolous Lawsuits ,
Governor Brown ,
Labor Code ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unions
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
As many of you will recall from last year, Governor Brown signed legislation to prevent employers from asking about or relying on salary history information when making hiring decisions. That legislation, Assembly Bill 168...more
Immigration has, and continues to be, a major flashpoint between California and the Trump administration. In 2017, the California legislature passed significant legislation (AB 450) impacting how California employers deal...more
7/9/2018
/ Consent ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Records ,
Federal v State Law Application ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Intergovernmental Agreements ,
New Legislation ,
Notice Requirements ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trump Administration ,
Undocumented Immigrants ,
Voluntary Disclosure ,
Workplace Investigations
Due to some last-minute bargaining between state lawmakers and proponents of a controversial data privacy initiative, California businesses will soon need to prepare to comply with a new state measure designed to protect...more
6/29/2018
/ Anti-Discrimination Policies ,
Arbitration ,
Attorney General ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Encryption ,
Minors ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Policies and Procedures ,
Private Right of Action ,
Right To Cure ,
Right to Delete
The ever-escalating dispute between the Trump Administration and the State of California over immigration policy is starting to resemble a Shakespearean drama.
U.S. Attorney General Jeff Sessions, speaking at an appearance...more
3/9/2018
/ Attorney General ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Governor Brown ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctions ,
Labor Commissioners ,
New Legislation ,
Notice Requirements ,
Preemption ,
Sanctuary Cities ,
Search Warrant ,
Supremacy Clause ,
Trump Administration ,
Undocumented Immigrants
Last year Governor Jerry Brown signed Assembly Bill 450 – the “Immigrant Worker Protection Act” – to prohibit employers from voluntarily consenting to federal immigration agency access to worksites without a judicial warrant,...more
2/8/2018
/ Collective Bargaining ,
DLSE ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Records ,
Form I-9 ,
Governor Brown ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Notice Requirements ,
Search Warrant ,
Subpoenas ,
Voluntary Disclosure
Immigration has been a major flashpoint between California and the Trump Administration during the past year. In 2017, the California Legislature passed significant legislation impacting how California employers deal with...more
1/23/2018
/ Employee Rights ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Federal v State Law Application ,
Fines ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Notice Requirements ,
Raids ,
Sanctuary Cities ,
Search Warrant ,
Subpoenas ,
Trump Administration ,
Undocumented Immigrants
Under legislation recently signed by Governor Jerry Brown, beginning January 1, 2018, all California employers are required to display a workplace poster related to transgender rights. The legislation, Senate Bill 396,...more
California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more
10/17/2017
/ Ban the Box ,
Burden of Proof ,
California Family Rights Act (CFRA) ,
Collective Bargaining ,
Conditional Job Offers ,
Construction Project ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Eligibility Verification ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Fringe Benefits ,
Gender Identity ,
General Contractors ,
Governor Brown ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctive Relief ,
Job Applicants ,
Joint Liability ,
New Legislation ,
Notice Requirements ,
Parental Leave ,
Preliminary Injunctions ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation ,
State Labor Laws ,
Subcontractors ,
Trump Administration ,
Unpaid Wages ,
Whistleblowers
On October 14, Governor Brown signed AB 1008 to prohibit most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment...more
10/16/2017
/ Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Employment Application ,
Employment Discrimination ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
FEHC ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Negligence ,
New Legislation ,
State Labor Laws
SB 63 requires employers with between 20 and 49 employees to provide up to 12 weeks of unpaid job-protected parental leave to bond with a new child. The signing of SB 63 follows previous unsuccessful efforts to extend...more
10/13/2017
/ California Family Rights Act (CFRA) ,
Corporate Counsel ,
DFEH ,
Family and Medical Leave Act (FMLA) ,
Governor Brown ,
New Legislation ,
Parental Leave ,
Small Employers ,
State Labor Laws ,
State Pilot Programs ,
Unpaid Leave
California joins other states and municipalities in banning inquiries into salary history of applicants. AB 168 prohibits employers from seeking salary history information or relying on the salary history information...more
On October 5, Governor Brown signed AB 450, which will go into effect on January 1, 2018. Among other things, AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant,...more
10/6/2017
/ DACA ,
Deportation ,
Employer Liability Issues ,
Employment Policies ,
Form I-9 ,
Governor Brown ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Raids ,
Sanctuary Cities ,
SEIU ,
State Labor Laws ,
Statutory Penalties ,
Subpoenas ,
Travel Ban ,
Trump Administration ,
Warrants ,
Workplace Investigations
Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more
10/4/2017
/ Burden of Proof ,
Collective Bargaining ,
Corporate Counsel ,
Enforcement Actions ,
Governor Brown ,
Injunctive Relief ,
Labor Commissioners ,
New Legislation ,
Penalties ,
Preliminary Injunctions ,
Reasonable Cause Defense ,
Retaliation ,
State Labor Laws ,
Termination ,
Union Organizers ,
Unions ,
Whistleblowers
The Legislature worked into the wee hours of the morning Saturday as it hit its deadline to pass legislation and send bills to Governor Brown for signature or veto....more
It’s a time of high-drama in Sacramento. With less than two weeks to go in the legislative year, many of the hot-button labor and employment bills we have been tracking all year await final action. Many bills are...more