At this critical time, CDF wants California employers to know that we are here to support you. To assist, we have put together a list of resources from state, federal, and other key sources to help employers navigate these...more
On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more
1/12/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On January 1, 2024, most California employers are required to provide up to five days of unpaid leave to an employee who experiences a reproductive loss event. Senate Bill 848 defines a reproductive loss as a failed adoption,...more
After multiple delays, the United States Equal Employment Opportunity Commission’s (EEOC) EEO-1 filing deadline is locked on December 5, 2023 (for data pertaining to 2022). All private sector employers with 100 or more...more
9/20/2023
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Labor Laws ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
California has gone to great lengths to limit independent contractor relationships and recently, the City of Los Angeles, created additional hurdles to the hiring and use of independent contractors or freelance workers. The...more
8/18/2023
/ City of Los Angeles ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Wage and Hour
The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...more
6/13/2023
/ Agribusiness ,
California ,
Day Laborers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Farm Workers ,
Farms ,
Joint Employers ,
Labor Code ,
Labor Contractor ,
State Labor Laws ,
Wage and Hour
Topics: COVID-19, Employee Leave In October, Governor Newsom announced that California’s COVID-19 State of Emergency will end on February 28, 2023. Likewise, 2022 COVID-19 Supplemental Paid Sick Leave is currently scheduled...more
On September 29, 2022, Governor Newsom signed AB152 and extended California COVID Supplemental paid leave to December 31, 2022....more
On September 13, 2022, the Fair Work Week Ordinance advanced out of committee and will move forward toward likely City Council approval. If it passes, any retail business with over 300 employees, globally, will face...more
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
7/22/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Preemption ,
Wage and Hour
If you have a single employee who works for two hours or more in a week in the city of West Hollywood, California, get ready for significant changes that take effect on July 1, 2022, that will impact your West Hollywood...more
6/15/2022
/ California ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Unpaid Leave ,
Wage and Hour
A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
4/19/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Uber ,
Wage and Hour
On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law,...more
1/10/2022
/ California ,
Corporate Counsel ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
New Legislation ,
Quotas ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022,...more
1/5/2022
/ California ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
While the EEOC extended its August deadline for mandatory EEO-1 reporting to October 25, 2021, on November 1, 2021, the EEOC indicated that employers will have until November 15, 2021 to comply with mandatory reporting....more
11/3/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
There are many laws that provide for time off, paid or unpaid, and some provide protected leaves of absence, too, including CFRA, USERRA, FMLA, PFL, PDL, California Paid Sick Leave, Workers’ Compensation and...more
10/15/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Rights ,
Federal Labor Laws ,
Leave of Absence ,
Paid Leave ,
Reinstatement ,
Return-to-Work Agreements ,
State Labor Laws ,
Wage and Hour ,
Webinars
All employers covered by Title VII of the Civil Rights Act of 1964 have until August 23, 2021 to submit an EEO-1 Report of demographic workforce data to the EEOC for each of 2019 and 2020. ...more
7/28/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Statutory Deadlines ,
Wage and Hour
On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN...more
California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated. The Labor...more
2/24/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Fines ,
Hiring & Firing ,
Infectious Diseases ,
Internal Reporting ,
Labor Code ,
Labor Law Violations ,
Lost Wages ,
McDonalds ,
Retaliation ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
As indicated recently, California’s Pay Data Reporting Act requires all private-sector employers with 100 or more employees, with at least one employee in California, to report pay and hours worked by employees by race,...more
2/17/2021
/ Data Collection ,
DFEH ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour