Bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, the U.S. Supreme Court has held....more
Early in the 2022 Legislative Session, Assembly Bill (AB) 2932 was introduced and was known as the four-day workweek bill. It sought to change when an employee would be paid one and one-half times their regular rate of pay...more
In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more
2/16/2022
/ Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Coronavirus/COVID-19 ,
Data Breach ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Off-Duty Employees ,
Out-of-State Employees ,
Personally Identifiable Information ,
Popular ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Vaccinations ,
Wage and Hour ,
Website Accessibility ,
Workers' Compensation Claim
On February 9, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 114 which resurrects COVID-19 Supplemental Paid Sick Leave (SPSL) for 2022.
The following are answers that employers need to their questions...more
In late January, California Governor Gavin Newsom announced that he and the legislature had reached an agreement on a framework to revive COVID-19 supplemental paid sick leave (SPSL), which expired in September 2021....more
The California legislature has passed and Governor Gavin Newsom has signed a number of bills that address wage and hour practices and other issues affecting California employers. All bills take effect January 1, 2022, unless...more
10/22/2021
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Disclosure ,
Employer Liability Issues ,
Governor Newsom ,
Grand Theft ,
Independent Contractors ,
Manufacturers ,
Non-Disparagement Provisions ,
OSHA ,
Piece-Rate Pay ,
Quotas ,
Restaurant Industry ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Harassment Guidance ,
Workplace Safety
For now, California employers are beholden to state and local COVID-19 requirements as well as Cal/OSHA’s infamous COVID-19 Emergency Temporary Standards (ETS). The ETS are set to expire on January 14, 2022. However, Cal/OSHA...more
While California has announced tentative plans to lift COVID-19 restrictions by June 15, 2021, the difficulties for employers are not over.
For much of the COVID-19 pandemic, California struggled to get infection rates...more
4/12/2021
/ Americans with Disabilities Act (ADA) ,
California ,
Coronavirus/COVID-19 ,
DFEH ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Food and Drug Administration (FDA) ,
Hazard Pay ,
Health and Safety ,
Paid Sick Leave ,
Re-Opening Guidelines ,
State and Local Government ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Though employers may feel like California just wrapped up its legislative session for 2020, the 2021 legislative session is already in full swing. February 19 was the last day for the proposal of new bills. However, Assembly...more
3/2/2021
/ Accrual Method ,
California ,
California Family Rights Act (CFRA) ,
Caregivers ,
Carryover Basis ,
Coronavirus/COVID-19 ,
Employee's Childcare ,
Employer Liability Issues ,
Governor Newsom ,
Healthy Workplaces Healthy Families Act 2014 ,
Paid Leave ,
Sick Pay ,
Supplemental Benefits ,
Wage and Hour
Only a week ago Governor Newsom “pulled the brake” on California’s reopening, including issuing a travel advisory. However, as the number of COVID-19 cases continues to rise, the California Department of Public Health (“the...more
California voters will decide on several important propositions in the upcoming November election, including three employment law issues that could have far-ranging implications for California employers and businesses...more
California has closed a busy legislative session with more than 30 laws relevant to employers being signed by Governor Gavin Newsom. The 2020 session was influenced by the difficult events of 2020, from the COVID-19 pandemic...more
10/6/2020
/ Cal-OSHA ,
Diversity ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Written Notice
California employers continue to have complicated questions about the use of independent contractors in the state almost a year after adoption of Assembly Bill 5 (AB 5), which established more stringent standards for the...more
Employment claims brought by a former claims adjuster were batted back and forth from California state court to Indiana federal court and nearly back again before the U.S. Court of Appeals for the 7th Circuit stepped in. On...more
Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important...more
5/18/2020
/ Cancer ,
Employment Discrimination ,
Establishment Clause ,
Family and Medical Leave Act (FMLA) ,
First Amendment ,
Free Exercise Clause ,
Ministerial Function ,
Oral Argument ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
SCOTUS ,
Teachers
California Governor Gavin Newsom has announced a plan to allow the limited reopening of some businesses beyond those in the category of essential critical infrastructure. This limited reopening is part of the “Resilience...more