California Governor Gavin Newsom recently signed SB 1383, which expands employees’ leave entitlements under California’s Family Rights Act and New Parent Leave Act. Effective January 1, 2021, these leave provisions will apply...more
As states are relaxing COVID-19-related restrictions, employers should remain cautious about business travel. California’s public health orders still limit travel to an “urgent matter” or that which is “essential to your...more
As unlimited vacation policies increase in popularity, California employers must be careful to avoid legal pitfalls in drafting and implementation. In the first California appellate decision to address unlimited vacation...more
As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more
4/29/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Coronavirus/COVID-19 ,
DFEH ,
Duty of Confidentiality ,
EFMLA ,
Employer Liability Issues ,
Employer Responsibilities ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Work Arrangements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Medical Testing ,
PHI ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehiring Issues ,
Sick Leave ,
State and Local Government ,
Workplace Safety
Employers who have laid off workers in recent weeks due to the shelter-in-place orders should be aware of little-known requirements regarding final paychecks....more
The recently enacted Families First Coronavirus Response Act
(“FFCRA”) requires private employers with fewer than 500 employees to post a notice by April 1 summarizing the benefits available to employees under the FFCRA....more
With the spread of COVID-19 and the rapidly evolving federal, state, and local government response, it can be difficult for employers to keep up with their rights and obligations. This week, California’s Governor Gavin Newsom...more
3/24/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Layoffs ,
Notice Requirements ,
San Francisco ,
Sick Leave ,
Sick Pay ,
Unemployment Insurance ,
WARN Act
The outbreak of the novel coronavirus (COVID-19) implicates numerous legal obligations for employers, including leave, medical privacy, and discrimination. Employers should prepare to implement policies that strike a balance...more
3/11/2020
/ Americans with Disabilities Act (ADA) ,
Bias ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Paid Time Off (PTO) ,
Patient Privacy Rights ,
Sick Leave ,
Telecommuting ,
Wage and Hour
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
If you are scrambling to comply with the new California sexual harassment training requirements, we have some good news: with some exceptions, employers have another year to put those plans in place. Under prior law, which...more
10/24/2019
/ Compliance ,
Corporate Counsel ,
Deadlines ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Seasonal Workers ,
Sexual Harassment ,
Staffing Agencies ,
State Labor Laws ,
Supervisors ,
Temporary Employees ,
Time Extensions
On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...more
10/3/2019
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Use Policies ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Records ,
Job Applicants ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
Privacy Laws
On September 18, 2019, California Governor Gavin Newsom signed into law AB5, codifying the ABC test for distinguishing employees from independent contractors and expanding its application beyond California’s Wage Orders....more
9/20/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
California Governor Gavin Newsom has signed into law the nation’s first bill banning discrimination based on an employee’s hairstyle. Senate Bill 188, otherwise known as the Crown Act, expanded the definition of race under...more
7/30/2019
/ Disability Discrimination ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Gender Identity ,
Governor Newsom ,
Hairstyle Discrimination ,
New Legislation ,
Race Discrimination ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
State Labor Laws
Employers who use background checks in their hiring processes are likely aware of the various requirements under the Fair Credit Reporting Act (FCRA) and analogous state statutes. They must provide clear disclosures and...more
6/21/2019
/ Background Checks ,
Commercial Truck Drivers ,
Credit Reporting Agencies ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Physicians ,
Prior Authorization ,
Split of Authority ,
State Law Claims
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
On May 21, 2018, the United States Supreme Court ruled in Epic Systems Corp. v. Lewis that arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act. 584 U.S. ___ (Dkts. 16-285,...more
5/29/2018
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Collective Bargaining ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
Preemption ,
Protected Concerted Activity ,
Savings Clause ,
SCOTUS ,
Section 7
The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more
11/20/2017
/ Ban the Box ,
Consent ,
Criminal Background Checks ,
Delivery Drivers ,
DFEH ,
DLSE ,
Employee Training ,
FEHA ,
Fines ,
General Contractors ,
Hiring & Firing ,
Immigration Enforcement ,
Injunctive Relief ,
Job Applicants ,
Job Offers ,
New Legislation ,
Parental Leave ,
Popular ,
Recruitment Policies ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
State and Local Government ,
Subcontractors ,
Unpaid Wages
Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period...more
8/4/2017
/ Accrual Method ,
Appeals ,
Corporate Counsel ,
Employee Benefits ,
Employment Policies ,
Express Contract Terms ,
Hiring & Firing ,
New Hires ,
Vacation Leave ,
Vacation Pay ,
Waiting Periods
The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more
6/4/2015
/ Adjustment Disorder ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Disability Leave ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Interactive Process ,
Performance Reviews ,
Reasonable Accommodation ,
Supervisors ,
Work-Induced Stress ,
Wrongful Termination
On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, mandating paid sick leave for most employees, including part-time, as well as many temporary employees. Employers...more
California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more
California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training....more
California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more