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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

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

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

Ninth Circuit Upholds Portions of California Law Prohibiting the Use of Mandatory Employment Arbitration Agreements

The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

California Judge Enjoins Proposition 22 as Unconstitutional in Classifying App-Based Drivers as Independent Contractors

In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more

California Appellate Court Decisions Impact Wage and Hour Actions

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

California Rules 'ABC' Independent Contractor Test Applies Retroactively

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

Class Actions Quarterly Update: Labor and Employment

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

Federal Circuit Court of Appeals Makes Waves For Post-Employment Invention Assignment Provisions

The Federal Circuit Court has issued an opinion invalidating a post-employment invention assignment provision in an employment agreement because the assignment provision violated California law disfavoring restrictive...more

California Expands Workers Compensation Coverage for COVID-19 Cases and Provides CAL OSHA With Greater Authority to Address...

SB 1159 expands the presumption of workers’ compensation liability for employees who contract COVID-19 due to a workplace outbreak. A. Presumption of Workers’ Compensation Coverage for Certain COVID-19 Cases - New...more

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