On September 4, 2020, Governor Gavin Newsom signed Assembly Bill 2257 (AB 2257), the eagerly anticipated “clean up” legislation revising Assembly Bill 5 (AB 5), California’s stringent independent contractor law. AB 5 wrote...more
Update July 22: This blog has been updated to reflect current guidance about Oakland's right to recall for laid-off hospitality workers. Oakland passed the Hospitality and Travel Worker Right to Recall Ordinance, giving...more
Oakland is poised to pass the Hospitality and Travel Worker Right to Recall Ordinance, giving recently laid off employees priority when businesses resume operations. These new obligations will survive bankruptcy proceedings...more
On February 27, 2020, the 9th Circuit ruled in Rizo v. Yovino that prior salary, whether alone or in combination with other factors, is not a defense to a claim of pay discrimination under the federal Equal Pay Act (EPA). ...more
In California, any contract under which a person is prevented from engaging in his or her profession is, with limited exceptions, void under Section 16600 of the Business & Professions Code. Section 16600 has long been...more
California recently passed legislation intended to provide enhanced protection from defamation claims by alleged sexual harassers against employers who have terminated them, and against victims who have accused them of...more
In an important decision, the Ninth Circuit overturned its long-standing precedent to rule that prior salary, whether alone or in combination with other factors, is no longer a defense to a claim of pay discrimination under...more
In a recent decision, a California Court of Appeal ruled for the first time that a temporary layoff is sufficient to trigger the protections of the California WARN Act (“Cal WARN”). In Int’l Brotherhood of Boilermakers, Iron...more
We have previously analyzed the growing trend around the country to ban employer inquiries into an applicant’s prior salary. This advisory addresses frequently asked questions about the new California law, which goes into...more
This is our year-end assessment of the most important developments for California employers. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted.
The California legislature once again had a busy...more
11/4/2016
/ Choice-of-Law ,
Domestic Violence ,
Employee Retirement Income Security Act (ERISA) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Hiring & Firing ,
Minimum Wage ,
Sick Leave ,
Wage and Hour
Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the...more
The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more
12/3/2014
/ Arbitration ,
Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Hiring & Firing ,
National Origin Discrimination ,
New Legislation ,
Paid Leave ,
Rest and Meal Break ,
Sick Leave ,
Staffing Agencies ,
Unpaid Interns ,
Volunteers ,
Wage and Hour ,
Workplace Safety