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New Year, New Laws: California Employment Law Updates for 2025

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

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

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

A New Chapter in California’s Ongoing PAGA is Lava Saga: PAGA Reform

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

EEOC PWFA Final Rule Goes Into Effect June 18, 2024: Key Takeaways for Employers

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

California Employers: the July 1, 2024 California Violence Prevention Deadline is Quickly Approaching – Do You Know What Your...

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

Everything You Always Wanted to Know About California’s Workplace Violence Prevention Plan (But Were Afraid to Ask) - Answers to...

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

The Dark Side of Your Room: the Drawbacks of Fully-Remote Work

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

New Year, New Laws: California Employment Law Updates for 2024

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

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

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

Fifth Circuit Court of Appeals Adopts Updated Standard for Pleading Title VII Claims

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

Caveat Employer: A Word of Caution When Drafting Non-Disparagement Provisions

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

Employers Need to Go Further to Accommodate an Employee’s Religion

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

What is the Difference Between a Friendship and an Employment Relationship? Employment Laws Do Not Apply to a Friendship.

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

Federal Court Kicks California Arbitration Ban to the Curb

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 Answers (Some) Pay Transparency Questions

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 Expands Protections for Pregnant and Nursing Employees

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

Living the High Life: Separation of Work and Home?

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

Fourth Circuit Holds Gender Dysphoria is a Protected Disability Under the ADA

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

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