The California Legislature passed and Governor Newsom signed several new laws covering topics ranging from COVID-19 to leaves of absence to data reporting. Most of these laws take effect January 1, so now is a good time for...more
12/14/2020
/ ABC Test ,
Arbitration ,
Board of Directors ,
California Consumer Privacy Act (CCPA) ,
California Family Rights Act (CFRA) ,
Child Abuse ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Diversity ,
Employer Liability Issues ,
Governor Newsom ,
Health and Safety ,
Independent Contractors ,
Infectious Diseases ,
Labor Commissioners ,
Leave of Absence ,
Minimum Wage ,
Misclassification ,
New Legislation ,
Notification Requirements ,
Pay Data ,
Reporting Requirements ,
Secretary of State ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Successor Liability ,
Unpaid Leave ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
The California Legislature and Governor Newsom have passed a sizable list of new laws governing the workplace in 2020. Employers are, once again, advised to evaluate their workplace rules and practices to insure they keep...more
12/30/2019
/ ABC Test ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
Arbitration Fees ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
Dependent Care Assistance Program (DCAP) ,
DFEH ,
DLSE ,
Dynamex ,
Employee Privacy Rights ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Janitorial Services ,
Labor Commissioners ,
Mandatory Arbitration ,
Misclassification ,
New Rules ,
No-Rehire Provisions ,
Organ Donation ,
OSHA ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Restrictive Covenants ,
Retroactive Application ,
Settlement Agreements ,
Sexual Harassment ,
Sexual Violence Policies ,
State Labor Laws ,
Statute of Limitations ,
Statutory Penalties ,
Unpaid Wages ,
Wage and Hour ,
Workplace Illness and Injury Reporting
All employers should be aware that their use of mandatory employment arbitration agreements is prohibited in California effective January 1, 2020 under recently signed Assembly Bill No. 51 (AB 51).
Under current California...more
A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more
2/14/2019
/ Appeals ,
Call-In Pay ,
Class Action ,
Corporate Counsel ,
Employer Liability Issues ,
IWC ,
Mercantile Industry ,
On-Call Employees ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Work Schedules
California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more
10/11/2018
/ Anti-Harassment Policies ,
Arbitration Agreements ,
Attorney's Fees ,
Board of Directors ,
Breastfeeding ,
Cal Code of Civil Procedure ,
Confidentiality Agreements ,
DFEH ,
Diversity ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Governor Brown ,
Governor Vetoes ,
Hostile Environment ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Popular ,
Publicly-Traded Companies ,
Release Agreements ,
Salary/Wage History ,
Secretary of State ,
Section 998 ,
Settlement Agreements ,
Settlement Offer ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Summary Judgment
Employers which use background checks in their hiring process without obtaining written authorization may wish to review their practices. The California Supreme Court has rejected an argument that employers could not...more
Last week, in Troester v. Starbucks, a unanimous California Supreme Court held that California labor statutes and wage orders do not incorporate federal de minimis work exceptions. Yet, the Court declined to define when, if...more
7/31/2018
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CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
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Federal v State Law Application ,
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Reversal ,
Starbucks ,
State Labor Laws ,
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Timekeeping ,
Unpaid Wages ,
Wage and Hour
The California Fair Employment and Housing Council has published new regulations that increase protections from national origin discrimination, including expanding the definition of “national origin.” The regulations will...more
The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v....more
5/7/2018
/ ABC Test ,
CA Supreme Court ,
Classification ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more
The California Court of Appeal has held that the California Worker Adjustment and Retraining Notice (WARN) Act requires that employers notify employees of temporary layoffs, even if anticipated to last less than six...more
California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided...more