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California SB 1159 Codifies COVID-19 Workers' Compensation Presumption

On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption...more

New California COVID-19-Related Supplemental Paid Sick Leave Requirements Take Effect September 19, 2020

On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1867 (AB 1867), which requires private entities with 500 or more employees to provide up to 80 hours of COVID-19-related supplemental paid...more

California May Pass a Measure for Stronger Privacy Rights Than the California Consumer Privacy Act this Coming November

Introduction: Earlier this year, California’s new consumer privacy law (CCPA) went into effect, and strict state enforcement began on July 1. Since its enactment, the CCPA has undergone several amendments because the plain...more

California High Court Answers Many Questions Concerning the Reach of California's Employment Laws (But Leaves Some Questions...

Executive Summary - This week, the California Supreme Court issued two decisions, Ward v. United Airlines, Inc., Case No. S248702, and Oman v. Delta Air Lines, Inc., Case No. S248726, that will significantly impact...more

California Passes Shelter in Place Order; Additional Counties Issue Restrictions

On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2)...more

California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems

On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee)...more

New California Laws on the Horizon

California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’...more

California's New Criminal Background Check Regulations to Go Into Effect July 1, 2017

California’s Department of Fair Employment and Housing (DFEH) recently enacted regulations that impose additional burdens on employers’ use of criminal background checks in employment decisions. The new regulations are...more

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

City of Los Angeles Passes Ban-the-Box Law

The City of Los Angeles recently enacted its own Ban-the-Box law, designed to prevent employers with at least 10 employees from inquiring into or requiring an applicant to disclose their criminal history until a conditional...more

Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided in Favor...

In a decision that will likely be seen as a win for employees, a sharply divided California Supreme Court ruled that the question of whether a court or an arbitrator decides if an arbitration agreement permits class claims...more

California Supreme Court Tells Both Sides to Sit Down

The California Supreme Court's recent decision in Kilby v. CVS Pharmacy/Henderson v. JPMorgan Chase has clarified the state's standards concerning when employers must provide suitable seating to their employees. While the...more

Recent Opinion Letter Raises Questions Regarding California's Paid Leave Law

California employers are now facing another hurdle in their efforts to comply with state's paid leave law, the Healthy Workplaces, Healthy Families Act of 2014, in light of a recent opinion letter from the state agency that...more

Recent Amendments Give California's Sick Leave Law A Much-Needed Shot in the Arm

California's passage of the Healthy Workplaces, Healthy Families Act of 2014 (otherwise known as California's paid sick leave law) had left open a number of questions regarding compliance with the law. As a result, the...more

Court of Appeals Spices Up Class Certification "Death Knell" Laws For Chipotle

In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California's "death knell" doctrine does not apply to cases where class certification...more

7/8/2015  /  Corporate Counsel

No-Hire Clauses Common to Settlement Agreements Now Void In California

The Ninth Circuit Court of Appeals recently broadened California's already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident's ability...more

Airline Industry Alert: OT Class Action Against Southwest Airlines Fails to Take Off

Airlines achieved a major victory on May 19, 2015, with an order from the Central District of California granting Southwest Airlines Co.'s motion to dismiss in McKinley v. Southwest Airlines Co., United States District Court,...more

California Court Ruling Pulls the Spurs Off PAGA Deputies' Boots

A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more

California Attorney General Seeks Supply Chain Transparency Information from Businesses

Recently, a number of large retail and manufacturing companies doing business in California may have been surprised to receive a letter from the California Attorney General asking them to demonstrate compliance with the...more

California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a...more

California Court Decision on Meal Breaks May Cause Health Care Industry To Go To Code Blue

Executive Summary: A new California Court of Appeal decision has invalidated a 22-year-old healthcare industry exception that had given the industry some flexibility with respect to how it provided its employees working...more

New California Court of Appeal Opinion Provides Guidance on Rest Breaks

On January 29, 2015, a California appeals court published a modified version of an opinion examining, in part, an employer's obligation under the state's rest break requirements. Critically, the opinion concludes that the...more

Supremes Leave PAGA Representative Claims Intact

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring...more

Employers Get Ready to Ring in the New Year with New California Laws For 2015

Last week marked the official start of the holiday season. As we're now racing towards the end of the year, and getting ready for parties, gifts, and, perhaps, (ugh!) holiday travel, employers also should be getting ready to...more

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