After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
7/27/2020
/ Bereavement Leave ,
Burden of Proof ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Executive Orders ,
Governor Newsom ,
Health and Safety ,
Hiring & Firing ,
Independent Contractors ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Local Ordinance ,
Misclassification ,
Notice Requirements ,
Paid Leave ,
Pay Data ,
Pending Legislation ,
Reporting Requirements ,
Sick Leave ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Safety
In a budget deal finalized today and expected to be approved by state lawmakers in a matter of days, the California state legislature has reached an agreement that will see $17.5 million allocated toward enforcement of AB-5...more
After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more
3/2/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Exemptions ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
State Labor Laws ,
Wage and Hour
A federal judge just extended the reprieve that permitted California employers to escape the grasp of a newly enacted law that aimed to prevent them from utilizing mandatory arbitration agreements with their employees. After...more
Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for...more
1/10/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preemption ,
State Labor Laws ,
Wage and Hour
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more
10/15/2019
/ Amended Legislation ,
Arbitration ,
Arbitration Fees ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Delays ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Deadlines ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Privacy Laws ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration ,
Preemption ,
Private Right of Action ,
State Labor Laws
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
It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more
9/23/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour
As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the...more
8/21/2019
/ ABC Test ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Reporting ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Newsom ,
Independent Contractors ,
Joint Liability ,
Lactation Accommodation ,
Legislative Agendas ,
Local Ordinance ,
Mandatory Arbitration ,
Pending Legislation ,
Proposed Legislation ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unemployment Benefits
With just a one-page, single-paragraph Order, the 9th Circuit Court of Appeals yesterday provided the faintest glimmer of hope for gig economy businesses everywhere – but especially for those in California. The federal...more
It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more
7/12/2019
/ ABC Test ,
CA Supreme Court ,
Carve Out Provisions ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
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
A measure currently pending in the California Legislature, and garnering wide bipartisan support, would provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also...more
February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more
2/27/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Legislation ,
Proposed Regulation ,
Reasonable Accommodation ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As we discussed recently, the November midterm elections have resulted in a divided Congress that is unable to pass significant employment legislation. This means we are likely to see the drive for legislative changes pursued...more
1/16/2019
/ Corporate Counsel ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Legislative Agendas ,
Local Ordinance ,
Pay Equity Laws ,
Pending Legislation ,
Proposed Legislation ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more
11/7/2018
/ #MeToo ,
ABC Test ,
Administrative Appointments ,
Arbitration ,
Corporate Counsel ,
Earned Income Credit ,
Earned Income Tax ,
Election Results ,
Employee Benefits ,
Employment Litigation ,
Employment Policies ,
Entrepreneurs ,
Freelance Workers ,
Gender Discrimination ,
Gender Equity ,
General Elections ,
Gig Economy ,
Governor Vetoes ,
Governors ,
Health Insurance ,
Healthcare ,
Immigration Procedures ,
Independent Contractors ,
Law Enforcement ,
Legislative Agendas ,
Misclassification ,
Pay Equity Laws ,
Pay Gap ,
Political Candidates ,
Popular ,
Portable Benefits ,
Presidential Nominations ,
Sexual Harassment ,
State and Local Government ,
State Budgets ,
State Labor Laws ,
Undocumented Immigrants ,
Wage and Hour ,
Work Visas
As many predicted, Democrats recaptured the House for the first time in eight years in yesterday’s midterm elections, while Republicans retained and strengthened their grip on the Senate. That will lead to a dynamic in...more
11/7/2018
/ Affordable Care Act ,
Congressional Committees ,
Corporate Counsel ,
Department of Labor (DOL) ,
Election Results ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Elections ,
Federal Labor Laws ,
General Elections ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Legislative Agendas ,
Local Ordinance ,
Members of Congress ,
Paid Leave ,
Political Parties ,
Senate Committees ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Trump Administration ,
U.S. House ,
Unions ,
Wage and Hour
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 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
It’s been a long legislative year. But now all of the flurry of activity is behind us and hundreds of bills now wait on Governor Jerry Brown’s desk for either a signature or a veto.
Last fall saw the dramatic birth of the...more