Governor Newsome has signed S.B. 1162, which requires employers to make salary ranges for positions available to both applicants and employees and expands pay data reporting requirements to better identify gender and...more
9/29/2022
/ Disclosure Requirements ,
Gender-Based Pay Discrimination ,
Governor Newsom ,
Job Ads ,
New Legislation ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Race Discrimination ,
Reporting Requirements ,
State Labor Laws
The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the...more
Beginning September 1, 2021, claims for sexual harassment can be made against a broader group of employers in Texas. The Texas Legislature passed two significant amendments, SB 45 and HB 21, to the Texas Labor Code, which...more
In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more
5/17/2021
/ Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
New Guidance ,
New Legislation ,
State Labor Laws ,
Vaccinations ,
Vaccine Passports
Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in...more
1/15/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage Orders
Currently, under the California Family Rights Act (“CFRA”), California employers with 50 or more employees must provide 12 weeks of job protection to employees to care for a seriously ill family member or for one’s own...more
In Kim v. Reins, the Supreme Court was faced with the following question: Do employees lose standing to pursue a PAGA claim if they settle and dismiss their individual claims for Labor Code violations? To the surprise of many...more
3/17/2020
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Employment Litigation ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Reversal ,
Settlement Offer ,
Standing ,
State Labor Laws ,
Summary Judgment
On October 10, 2019, California Governor Newsom signed a bill seeking to ban employers from requiring employees or applicants to sign arbitration agreements waiving their rights under the Labor Code or the state’s...more
On October 11, 2019, Governor Gavin Newsom signed into law AB 51, which will drastically change the requirements for employers who use arbitration agreements. Specifically, the new law bans employers from requiring, as a...more
10/17/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Hiring & Firing ,
Mandatory Arbitration ,
State Labor Laws
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more
10/9/2019
/ ABC Test ,
Affordable Care Act ,
Dynamex ,
Employee Benefits ,
Employer Liability Issues ,
Freelance Workers ,
Governor Newsom ,
Health Insurance ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Payroll Taxes ,
Private Attorneys General Act (PAGA) ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Withholding Tax
On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code,...more
9/24/2019
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
In his last bill signing of his final term, Governor Jerry Brown signed into law several bills affecting employers’ obligations relating to sexual harassment. Those imposing the most sweeping changes are described briefly...more
In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more
7/31/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour