California employers have come to know California’s Private Attorneys General Act (“PAGA”) as an expensive cost of doing business within the state. Unfortunately, the new PAGA reform is not likely to lead to any decrease in...more
The California Supreme Court has determined that trial courts lack the authority to strike claims brought under California’s Private Attorneys General Act (PAGA) on the grounds that trying them would be unmanageable....more
Organizations host events that vary in scale, scope and logistics. Teams put enormous resources into planning to ensure a successful event. Unfortunately, an unanticipated accident or other catastrophic incident can...more
Leading global and emerging companies host events that vary in scale, scope and logistics. Dozens of hours are spent planning, but we find that clients sometimes neglect to prepare for the unlikely event of an accident,...more
During a March 2, 2023, speech in Miami at the annual American Bar Association National Institute on White Collar Crime, Deputy Attorney General Lisa Monaco announced a new policy designed to incentivize companies to factor...more
On June 15, 2022, the U.S. Supreme Court issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, which has been heralded as a significant victory for employers. The majority (including Alito,...more
The 2021 California Legislative year resulted in a number of new laws affecting California employer practices. This Alert summarizes key new laws that have either recently taken effect or will go into effect on January 1,...more
11/17/2021
/ Arbitration Agreements ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
DFEH ,
Employer Liability Issues ,
Infectious Diseases ,
Non-Disclosure Agreement ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
On September 15, 2021, in a 2-1 decision, the Ninth Circuit upheld most of California’s law banning mandatory arbitration agreements and prohibiting employers from retaliating against applicants who refuse to sign an...more
Oregon employers should take note of new state Occupational Health & Safety Administration (“OR OSHA”) standards that are likely to take effect soon. On September 25, 2020, OR OSHA’s Infectious Disease Rulemaking Advisory...more
On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Below we highlight the major provisions of the new law...more
As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th.
There...more
7/13/2020
/ Arbitration ,
Best Practices ,
Compliance ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Health and Safety ,
Hiring & Firing ,
Independent Contractors ,
LGBTQ ,
Litigation Strategies ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Racial Bias ,
Return-to-Work Agreements ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Webinars ,
Whistleblowers ,
Wrongful Termination
On April 17, 2020, the Department of Labor’s Deputy Assistant Secretary Joe Wheeler responded by letter to Senator Ron Wyden and other Democratic lawmakers who had raised concerns about the Coronavirus Aid, Relief, and...more
On March 20, 2020, the Department of Homeland Security announced that it will defer the physical presence requirements associated with I-9s. Employers with employees taking physical proximity precautions due to COVID-19 will...more
While world governments scramble to contain the spread of the coronavirus, businesses are fielding questions from employees who are concerned for their safety and protection in the workplace. ...more
On Friday, January 10, 2020, Chief United States District Judge Kimberly Mueller of the Eastern District of California heard oral argument on plaintiffs’ motion for preliminary injunction....more
On September 24, 2019, the U.S. Department of Labor (DOL) announced its final rule updating the earnings thresholds necessary to exempt executive, administrative, and professional employees from the Fair Labor Standards Act’s...more
In April 2018, an en banc Ninth Circuit held in Rizo v. Yovino that an employer cannot justify a wage differential between male and female employees under the Equal Pay Act by relying on prior salary. ...more
On December 10, the California Supreme Court issued an impactful decision for the healthcare industry. In Gerard v. Orange Coast Memorial Medical Center, the unanimous Court endorsed the Hospitals’ meal break policy, over...more
On April 30, 2018, the California Supreme Court issued its long-awaited decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles. ...more
With Memorial Day around the corner, it is an appropriate time for employers to review their management of employees who are members of the military....more
On December 14, 2017, the new Republican majority at the National Labor Relations Board (the “Board”) overturned a controversial Obama-era decision regarding joint employment. The Board’s 3-2 decision in Hy-Brand...more
Effective January 1, 2018, San Francisco will expand available protections for nursing mothers working within city limits. California law currently requires employers to provide lactating employees with a reasonable amount of...more
Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved this year by the Office...more
On May 16, 2016, the U.S. Supreme Court issued an opinion in the closely watched case Spokeo, Inc. v. Thomas Robins et al., addressing the issue of standing under the Fair Credit Reporting Act (FCRA). The Court held that in...more
In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more