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California Lawsuit Prevention 101

It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles). But it is also the season for new lawsuits. In...more

Don’t Forget CA Sexual Harassment Prevention Training Mandate In 2020

With so much going on for employers in 2020, let us not forget the #MeToo movement and related changes in California’s laws requiring sexual harassment prevention training. All employers with more than five employees...more

Can California Employers Use The New FMLA Certifications Of Health Care Provider Forms?

As you may have heard, the federal Department of Labor has issued new Certification of Health Care Provider forms for an employee’s own serious health condition (WH-380-E) and to care for a family member (WH-380-F). These...more

Can We Please Stop Using The Term Furlough Without Defining It?

What is a “furlough” when applied to a private business with a non-union workforce in California? In my view, it is a temporary layoff (or required unpaid leave due to lack of work) with full expectations to return to work. ...more

California Issues Safe Reopening Playbook

Are you tired of Covid checklists yet? Well you may be, but California recently issued an Employer Playbook for a Safe Reopening that is actually quite good. It includes a concise summary of what to do when there is Covid...more

California Provides A Free Harassment Prevention Online Tool For Employees

With so many businesses either re-opening or planning to reopen in California, let’s not forget that all employees (not just supervisors) must be trained in harassment prevention before year end. Yes, that’s right, all...more

Los Angeles County Re-Opens For Burgers & Haircuts!

On this sunny Saturday the County of Los Angeles has opened for business just a little bit more. Angelenos can go to a restaurant (preferably with patio seating), and have a burger and a beer served to them by a server in...more

California Moves To Stage 2 (With Local Approval Only)

Governor Newsom announced today that California has moved on to early Stage 2, but only for cities and counties that obtain state approval. Under Stage 2, certain businesses, establishments or activities may qualify to...more

First Steps For Return-To-Work Planning

I have been speaking with many clients about the first steps for return-to-work planning. The Covid-19 shut-downs were so quick that there wasn’t sufficient time to plan. Employers want to have a more thoughtful approach to...more

Musicians Reach Deal On AB5 Exemption

California’s music industry finally came to an agreement with lawmakers on pending amendments to California’s Assembly Bill 5 (AB5). The amendments would provide relief to professionals in the music industry, including...more

Los Angeles Requires Face Coverings To Protect Workers

Effective immediately, employers in the City of Los Angeles must provide face coverings and take additional steps to protect employees. On April 7, 2020, Los Angeles Mayor Eric Garcetti issued a Worker Protection Order...more

Yes, Waiting In Line To Exit Through Security Is Hours Worked

A recent ruling confirmed that the time an employee spends waiting in line for a security check is considered “hours worked” in California and must be paid. The California Supreme Court ruling applies even though the...more

Court Grants Injunction To Stop AB 51 — Mandatory Arbitration Still OK In CA

Here is the latest in a series of blogs about AB 51, the California bill that threatened mandatory arbitration. Thankfully, the District Court granted the preliminary injunction in full (not just temporarily), and stopped AB...more

Several Trend-Setting New California Laws Challenged In Court

California is known for new employment laws that then trickle out to the east coast, the northwest, and eventually nationwide. Think back to the mandate for sexual harassment prevention training and the roll-out of paid...more

AB-5 (The Law Eviscerating California Employers’ Ability To Hire Contractors) Is Still Alive And Well

If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective...more

Service Charges vs. Gratuities And Why It Matters

Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or...more

Options For Limitations On Rehire In Settlement Agreements Given AB 749

One of the new bills recently passed (AB 749) prohibits standard “No Rehire” provisions in settlement agreements and general releases. These provisions typically read something like this: No Future Employment. Employee...more

Free Online CCPA Tool — The CCPA Scope Adviser

The California Consumer Privacy Act (CCPA) takes effect in 2020, imposing strict new data privacy mandates on many companies headquartered inside — and outside — the state’s borders. Is your company among them?...more

CCPA Update — Employee Information Excluded (Until 2021)

It looks like the back-and-forth about how much employee information will be covered under the California Consumer Privacy Act, CCPA, is likely resolved, at least for now. The California legislature recently passed AB 25,...more

How Will The CCPA Impact California Employers?

There is a lot of confusion about how the California Consumer Privacy Act (CCPA) will impact California employers. The California legislature is considering AB25, which has been interpreted as eliminating CCPA’s requirements...more

Human Trafficking Training Required For Hotels/Motels In California By Year End

Another mid-year reminder: California hotels and motels must train all employees on human trafficking awareness by January 1, 2020. Per SB 970, hotel and motel employers must provide: At least 20 minutes of “effective...more

Reminder: July 1 Minimum Wage Increases In A City Near You

July may seem like a sleepy summer month, but don’t forget — for many cities in California it is the time for minimum wage increases. Your payroll company may notify you and take care of it, but if you handle payroll...more

Employment Litigation Lessons From The Game Of Thrones Finale

In reading all of the online reviews about the Game of Thrones finale, I was struck by one overarching theme – you just can’t please everyone. In that regard, it reminded me a lot of employment litigation. Spoiler alert!...more

The Rise Of Preferred Pronouns

The topic of preferred pronouns has been top of mind for me lately. It started with a volunteer mentor day I attended for Step Up (a fabulous group by the way) to mentor high school teens. In our mentor orientation we...more

The Next Big Thing In California — The CCPA (California Consumer Privacy Act)

I attended a seminar at my firm last week that set forth the next big thing in California — the California Consumer Privacy Act (CCPA). It is California’s version of the European Union’s General Data Protection Regulation...more

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