It’s that time of year again—California employers need to prepare for a raft of new laws that become effective in the new year. Below is a brief overview of some of those laws and how employers should prepare for them. All...more
As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more
9/17/2024
/ Anti-Harassment Policies ,
Employee Misconduct ,
Employees ,
Employment Litigation ,
Harassment ,
Hostile Environment ,
Off-Duty Employees ,
Sex Discrimination ,
Social Media ,
Title VII ,
Workplace Harassment Guidance
Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
7/9/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The Pregnant Workers Fairness Act (PWFA), which has been in force since June 27, 2023, expands protections for individuals by requiring covered employers make reasonable accommodations to “known limitations” related to...more
A gentle reminder for California employers: the clock is ticking on your obligations to prepare a workplace violence prevention plan and conduct a training session on that plan under California’s new violence prevention plan...more
The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available!
This year, we are thrilled to feature Hon. William McCurine as our keynote speaker.
The segments this year...more
5/7/2024
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
C-Suite Executives ,
California ,
Chief Compliance Officers ,
Chief Diversity Officer (CDOs) ,
Continuing Legal Education ,
Corporate Counsel ,
Data Reporting ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Events ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans. We answer 10 frequently asked questions about the new law below....more
4/9/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
With many companies cutting back on pandemic-era remote work policies, opting for a hybrid model, or even requiring employees to be physically present five days per week, some employers have found it difficult to entice...more
California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...more
11/29/2023
/ Anti-Discrimination Policies ,
California ,
Diversity and Inclusion Standards (D&I) ,
Harassment ,
Marijuana ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Recreational Use ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Retaliation ,
Sick Leave ,
Startups ,
Unpaid Leave ,
Venture Capital ,
Workplace Violence
On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more
The Fifth Circuit Court of Appeals in Hamilton v. Dallas County, held that plaintiffs no longer need to plead an “ultimate employment decision” before alleging a claim for disparate treatment under Title VII. Instead, a...more
The D.C. Circuit Court of Appeals’ opinion in Wright v. Eugene & Agnes E. Meyer Foundation raises some concerns with otherwise limited non-disparagement provisions, which we discuss below.
The D.C. Circuit Court of...more
The U.S. Supreme Court recently issued a unanimous opinion in Groff v. DeJoy that effectively made it easier for employees to secure religious-based accommodations in the workplace.
Prior to DeJoy, an employer could...more
7/25/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
The ex-nanny of two famous actors recently sued them for disability discrimination. She claimed the couple’s marital issues allegedly took a toll on her mental health as one of the actors began to lean on her for emotional...more
The Ninth Circuit Court of Appeals recently struck down a California law that prohibited employers from mandating the arbitration of workplace disputes. This puts arbitration back in play in California for most employment...more
California’s pay transparency law became effective on January 1, 2023, though it was lacking clarity on some key items at the time of its passage. Our previous advisory describing the new law, its requirements, and its...more
Congress recently passed a $1.7 trillion bipartisan spending bill, which includes two laws – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) – designed...more
Count California as one of the states that will soon protect the recreational usage of cannabis for employment purposes. Assembly Bill 2188 (“AB 2188”) will prohibit employers from discriminating in hiring, termination, or...more
In a recent opinion, Williams v. Kincaid (4th Cir. Aug. 16, 2022), the 4th Circuit Court of Appeals held that gender dysphoria is a covered disability under the Americans with Disabilities Act (ADA). We summarize the opinion...more