In September, California Governor Newsom signed Senate Bill 553 into law. This bill enacted and added section 6401.9 into the California Labor Code.
Section 6401.9 requires that virtually all California employers draft...more
In October 2023, the National Labor Relations Board (NLRB) issued its new Final Rule addressing and expanding the proper standard for determining joint employment status under the National Labor Relations Act (NLRA). This was...more
3/11/2024
/ Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
NLRA ,
NLRB ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more
1/23/2024
/ Arbitration ,
California ,
Causation ,
Damages ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Evidence Codes ,
Expert Testimony ,
Regulatory Reform ,
Regulatory Requirements ,
State Labor Laws
The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more
12/6/2023
/ Collective Bargaining ,
Educational Institutions ,
Employee Definition ,
Employee Rights ,
Employees ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
Proposed Rules ,
Regulatory Agenda ,
Student Athletes ,
Unions
Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more
10/23/2023
/ California ,
Confidentiality Agreements ,
Continuing Legal Education ,
Drug Testing ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employment Litigation ,
Employment Policies ,
Fast-Food Industry ,
Minimum Wage ,
Miscarriages ,
New Legislation ,
NLRB ,
Non-Disparagement Provisions ,
Settlement Agreements ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Violence ,
Workplace Violence Prevention Programs
Effective January 1, 2024, the general statewide minimum wage will increase by .50 cents, bringing the hourly rate from $15.50 to $16.00.
Please also keep in mind that many (around 35-40) cities and counties in...more
Later this month, we will report on all the new employment-related laws that California has enacted for 2024. However, this article focuses on the bills that Newsom vetoed. Some of these are a bit of a surprise...more
10/9/2023
/ California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Vetoes ,
Labor Reform ,
Layoffs ,
Severance Pay ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act
Bloomberg Law reported earlier today that the Equal Opportunity Commission (“EEOC”) reached a settlement for $365,000 with iTutorGroup, Inc. after the federal agency filed a complaint against the employer alleging that its...more
On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., adopting a new legal standard for how the Board will evaluate workplace rules and policies that are challenged on the grounds that they...more
In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more
Join us for a complimentary thirty-minute webinar (plus questions) featuring Partner Alison Tsao, Chairperson of CDF’s Diversity Committee and Partner Mark S. Spring, Chairperson of the Sacramento County Bar Association’s...more
7/6/2023
/ Affirmative Action ,
College Admissions ,
Continuing Legal Education ,
Diversity ,
Employer Liability Issues ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Webinars
Last week, in ruling on Students for Fair Admission, Inc. v. President and Fellows of Harvard College (Harvard) and Students for Fair Admission, Inc. v. University of North Carolina (UNC), the United States Supreme Court...more
Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more
In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more
Earlier this week, the California Senate Labor, Public Employment, and Retirement Committee approved SB 616. This bill now moves on for consideration by the Senate appropriations committee. SB 616, sponsored by California...more
4/24/2023
/ California ,
Compensation & Benefits ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Legislative Agendas ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision....more
3/27/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
Many large California employers have been granted significant state and local tax incentives to establish the physical locations of their businesses in California, or within certain municipalities in California. These can...more
Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private...more
In September of 2022, Governor Newsom signed Senate Bill 1162 into law. That law creates and expands upon a number of obligations for California employers, including:
- Requiring all California employers with 15 or more...more
2/2/2023
/ California ,
Continuing Legal Education ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Labor Contractor ,
Pay Data ,
Pay Discrimination ,
Pay Equity Laws ,
Pay Transparency ,
State Labor Laws ,
Statutory Requirements ,
Webinars
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of:
NLRB Adds Consequential Damages to Its Weapons Cache -
On December 13, the...more
Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...more
Although the National Labor Relations Board has been one of the most active and aggressive federal labor/employment agencies since Biden took control of the Executive Branch almost two years ago, there is trouble brewing. The...more
In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more
10/27/2022
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Disparate Impact ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Harvard University ,
Hiring & Firing ,
Oral Argument ,
Race Discrimination ,
SCOTUS ,
Statutory Violations ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
History of Dues Checkoff Precedent -
In 1962, years before most working Americans were even born, the NLRB issued its decision in Bethlehem Steel. That decision held that dues checkoff clauses in collective bargaining...more
On November 15, 2022, from 9:30 a.m. to 10:45 a.m. (Pacific Time), CDF Partners Mark S. Spring and Alison Tsao will be presenting our annual complimentary "Year in Review" webinar that will cover 2022's new laws, key judicial...more
10/17/2022
/ Bereavement Leave ,
California ,
Continuing Legal Education ,
DFEH ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Family Medical Leave ,
Hiring & Firing ,
Job Applicants ,
Mandatory Arbitration ,
Minimum Wage ,
New Legislation ,
Pay Data ,
State Labor Laws ,
Wage and Hour ,
Webinars