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California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as...more

Tsunami of CIPA Class Actions Storming California Businesses

California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more

Employers Urged To Revisit Existing Privacy Policies Following Executive Order Mandating Protection Of Sensitive Personal Data

President Biden issued an Executive Order on February 28, 2024 to prevent access to U.S. Citizens’ sensitive personal data and U.S government-related data by countries of concern. This executive order targets data brokers...more

Deadline For Employers’ Federal EEO-1 Filing Now Due on Dec. 5, 2023

After multiple delays, the United States Equal Employment Opportunity Commission’s (EEOC) EEO-1 filing deadline is locked on December 5, 2023 (for data pertaining to 2022). All private sector employers with 100 or more...more

Final Privacy Regulations Anticipated To Go Into Effect In April 2023 - Enforcement Scheduled to Start July 1, 2023

On February 14, 2023, the California Privacy Protection Agency (CPPA) submitted its proposed final regulations (“Regulations”) to the Office of Administrative Law for a final review. It is anticipated that Regulations will go...more

Counting Down to 2023: CPRA Template Available

The California Privacy Rights Act (CPRA) that amended California’s Consumer Privacy Act (CPPA) comes fully into force on January 1, 2023 and the California Privacy Protection Agency is supposed to start enforcing the CPRA on...more

A Creative Compromise to Address Worker Flexibility and Basic Workplace Protection: The Bipartisan Worker Flexibility and Choice...

Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more

Los Angeles Employers Beware! Minimum Wage and Sick Leave Changes Start July 1, 2022

All employers in Los Angeles should revisit employment practices to ensure compliance with local ordinances as many changes take effect on July 1, 2022.   Effective July 1, 2022, the City of Los Angeles’ minimum wage will...more

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

2022 Means California Employers Should Calendar DFEH Pay Data Reporting, Again

The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH).  The deadline is March 31, 2022,...more

DOJ Is On the Prowl to Prosecute “No-Poach” Agreements

The Department of Justice (DOJ) finally fulfilled its long time promise to criminally prosecute “no-poach” agreements.  A no-poach agreement is an agreement between two or more employers not to hire employees away from each...more

Ninth Circuit Allows CA to Enforce Its Latest Anti-Arbitration Law

On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims....more

Are California Employers Prepared To Navigate California’s Evolving Privacy Law Landscape?

Colorado’s and Virginia’s emulation of California by recently enacting comprehensive privacy laws is an important reminder to California employers that the clock is ticking to comply with California’s new privacy regulations....more

Class Certification Still Defeated Although Common Evidence of Non-Compliance

California employers may take solace in a recent unpublished decision upholding denial of class certification.  In Salazar v. See’s Candy Shops Incorporated, the California Court of Appeal upheld the trial court’s decision to...more

Five Bars of Wi-Fi Are Grounds For Disability Claims

The California Court of Appeal, Brown v. Los Angeles Unified School District, recently ruled that that electromagnetic sensitivity (aka “being sick to Wi-Fi”) constituted a “physical disability” under Fair Employment and...more

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