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New York City Will Allow a Private Right of Action for Violations of Earned Sick and Safe Time Act

Effective March 20, New York City will allow “any person” to bring a private right of action for violations of the Earned Sick and Safe Time Act. As a result, New York City employers are encouraged to review their safe and...more

California Employers Face Feb. 14 Deadline and Tighter Non-Compete Prohibitions

California has long had the most restrictive laws against employee non-compete agreements. Effective January 1, two new legislative bills, Senate Bill 699 and Assembly Bill 1076, tightened California’s restrictions even...more

In California, Temporary Layoff Requires Immediate Payout of Vacation

When an employer “discharges” an employee, California Labor Code section 201(a) provides that “the wages earned and unpaid at the time of discharge are due and payable immediately.” California also treats vacation and paid...more

Attention Los Angeles Retail Businesses: Fair Work Week Ordinance Goes into Effect

Los Angeles retail businesses must now comply with a new ordinance that promotes predictable work hours for employees. On April 1, 2023, the Los Angeles Fair Work Week Ordinance went into effect, which applies to retail...more

SB 1162: California Expands Pay Transparency Requirements

California’s new pay transparency law requiring disclosure of pay scales in job openings went into effect on January 1, 2023. The new law requires California employers to disclose the pay range for a job if an applicant asks...more

Digital License Plates and Tracking Devices

On September 29, 2022, California Governor Newsom signed into law the Motor Vehicle Digital Number Plates Act (AB 984), which will give the Department of Motor Vehicle (DMV) authority to move forward with new vehicle...more

California Employers: Be Ready for 2023’s New Laws and Requirements

The new year brings several new laws and requirements for California employers. Among changes in 2023, California employers face a higher state minimum wage, increased minimum pay requirements for employees, new protected...more

California Allows Employees Leave for a "Designated Person"

Already permitting employees to take leave to care for a wide scope of family members, California now will allow them to use state family and medical leave and paid sick leave to provide care for a “designated person.” The...more

California Requires Stronger Pay Transparency for Employers in California

Governor Newsom signed SB 1162 into law on September 27 (effective January 1, 2023), imposing several new wage transparency reporting requirements on employers in California, and aligning California with Washington, Colorado,...more

Change of Mind: Ninth Circuit Will Review California Law Prohibiting Mandatory Employment Arbitration Agreements

A Ninth Circuit panel that previously upheld a California law prohibiting mandatory employment arbitration agreements in the workplace withdrew its decision and ordered the matter to be resubmitted for a panel rehearing. ...more

San Francisco Updates Paid Sick Leave Guidance

Adding to seemingly ever-shifting paid sick leave requirements in different places, the San Francisco Office of Labor Standards Enforcement (OLSE) has issued updated guidance under the San Francisco paid sick leave ordinance....more

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Supreme Court Grants Review in Significant Arbitration Case Regarding PAGA 

The United States Supreme Court has granted certiorari to address the important question of whether the Federal Arbitration Act ("FAA") requires the enforcement of an arbitration agreement that would require representative...more

California Requires Smaller Employers Provide Family and Medical Leave, With Other Major Expansions

Effective January 1, 2021, California employers must provide significantly expanded family and medical leave under state law. Senate Bill 1383, signed by Governor Gavin Newsom, extends family and medical leave...more

California Does It Again: Paid Sick Leave Expanded For COVID-19

Adding to various paid sick leave requirements that employers must navigate in the COVID-19 environment, California has once again expanded its state law paid sick leave mandates. Governor Gavin Newsom signed Assembly...more

Burlington Coat Left Out in the Cold After Massive FLSA Settlement

After nearly nine years of litigation, Burlington Coat Factory agreed to pay $19.6 million to end a collective action and a putative class action alleging claims for misclassification and unpaid overtime wages. The cases...more

Employers Beware: Avoiding Retaliation Claims in COVID-19 Era

Your employees may be “essential,” but do they have to work? The answer is, of course, it depends. More and more workers are expected to report to work despite ongoing concerns regarding COVID-19. But do they have to?...more

California Enacts New Supplemental Paid Sick Leave for Food Industry and Agricultural Workers

On April 16, 2020, California Gov. Gavin Newsom issued Executive Order N-51-20 to provide California food sector workers, including agricultural workers, grocery workers, and food delivery workers, among others, supplemental...more

Employers Face New Los Angeles Supplemental Paid Sick Leave Ordinance

In addition to other leave issues during the current COVID-19 pandemic, some employers in Los Angeles now must comply with the city's new supplemental paid sick leave ordinance. The ordinance goes further than the federal...more

California Offers Guidance on Wage and Hour Issues and COVID-19

Complying with California’s wage and hour rules can be hard in ordinary times. Now, along with the many challenges that the COVID-19 emergency poses, California employers may face new situations and issues. The California...more

California Orders Partial Suspension of Cal/WARN Act

Like some other states, California has its own state version of the federal Worker Adjustment and Retraining Notification (WARN) Act. The Cal/WARN law applies more broadly, with some different provisions than the federal...more

AB 51 Update: Federal Court Preliminarily Enjoins California Law Restricting Employment Arbitration Agreements

On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more

CA Supreme Court: Employees Cannot Bring Claims for Unpaid Wages Under PAGA

In resolving a growing split among California courts, the California Supreme Court in ZB, N.A. v. Superior Court faced the issue of whether actions for unpaid wages under Labor Code section 558 brought under the Private...more

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