In a last-minute deal to avoid another controversial ballot initiative, the California legislature finalized and passed a compromise to reform the Private Attorneys General Act (PAGA), encompassing the most significant...more
7/1/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The American Bar Association Antitrust Law Section’s annual Spring Meeting earlier this month featured federal, state and international enforcers discussing a variety of antitrust and competition issues across jurisdictions....more
On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to...more
On January 18, 2024, in a highly anticipated and unanimous decision, the Supreme Court of California barred striking a claim under the Private Attorneys General Act (PAGA) on trial manageability grounds alone, instead...more
As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more
As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more
The California Department of Fair Employment and Housing (DFEH) announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to...more
10/27/2021
/ Background Checks ,
Ban the Box ,
California ,
Compliance ,
Corporate Counsel ,
DFEH ,
Disclosure Requirements ,
Employer Liability Issues ,
Fair Chance Act ,
Job Ads ,
Job Applicants ,
Online Advertisements ,
Prior Conviction ,
State and Local Government ,
State Labor Laws
On July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more
7/19/2021
/ Appellate Courts ,
CA Supreme Court ,
Compensation ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Regulations ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Mobilize + educate + advance: Maria Rodriguez, a partner in McDermott's LA office, interviews Alphonso David, president of the Human Rights Campaign, for Leaders Moving Business Forward. Watch videos and subscribe for updates...more
Private companies with 100+ employees (and with at least one California-based employee) must report Equal Employment Opportunity (EEO) pay and other data to the California Department of Fair Employment and Housing (DFEH) by...more
McDermott’s Employment group is proud to invite you to a keynote presentation with Vernā Myers, Vice President, Inclusion Strategy at Netflix and Founder of The Vernā Myers Company, a nationally recognized consultancy on...more
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
11/6/2020
/ Actual Damages ,
Appeals ,
Background Checks ,
Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Defense Strategies ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Title VII ,
Webinars
On September 22, 2020, US President Donald Trump issued an Executive Order, which prohibits federal contractors and recipients of federal grants from conducting any workplace training that, among other things,...more
9/30/2020
/ Civil Rights Act ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
9/9/2020
/ Actual Damages ,
Adverse Employment Action ,
Attorney's Fees ,
Background Checks ,
Ban the Box ,
Class Action ,
Continuing Legal Education ,
Defense Strategies ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Punitive Damages ,
Statutory Damages ,
Webinars
In this installment of the Healthcare Enforcement Roundup we cover new and longstanding issues impacting the healthcare enforcement landscape. First, we explore the impact of the Coronavirus (COVID-19) on the healthcare...more
7/27/2020
/ 1135 Waivers ,
Compliance ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
e ,
False Claims Act (FCA) ,
Guidance Update ,
Health Care Providers ,
Hospitals ,
Objective Falsity ,
Physicians ,
Split of Authority ,
Stark Law ,
Whistleblowers
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical...more
7/21/2020
/ Actual Damages ,
Adverse Employment Action ,
Attorney's Fees ,
Background Checks ,
Class Action ,
Continuing Legal Education ,
Defense Strategies ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Punitive Damages ,
Statutory Damages ,
Webinars
California’s new law (AB 51) criminalizing arbitration agreements in enforcement will not take effect as scheduled. A federal court issued a temporary restraining order to halt any enforcement of this law.
There are...more
In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in...more
3/6/2019
/ Best Practices ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Executive Compensation ,
Federal Labor Laws ,
Pay Discrimination ,
Pay Equity Laws ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
California’s Dynamex Rolls Out The ABC Test And The Presumption Of Employment -
? The burden is placed on the employer to prove IC status
? Individual is deemed an employee unless employer demonstrates prongs A, B, and...more
2/8/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FICA Taxes ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Wage and Hour