As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more
6/6/2022
/ Agricultural Workers ,
California ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Marijuana ,
Off-Duty Employees ,
Pay Data ,
Recreational Use ,
Regulatory Agenda ,
State Labor Laws ,
Workers Compensation Awards ,
Workplace Injury
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. Late last week, Gov. Newsom announced that the Golden State’s minimum wage will increase to $15.50 for all employers...more
Title VII of the Civil Rights Act prohibits employment discrimination based on religion and requires that employers provide reasonable accommodations for employees' sincerely held religious beliefs, practices and observances....more
5/17/2022
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills pending before the California Legislature. This year’s list includes bills that would, among other things, inflate...more
4/18/2022
/ California ,
Employee Benefits ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Labor Relations ,
Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Workers Compensation Reform
In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks. Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell...more
4/15/2022
/ California ,
Employer Liability Issues ,
Exempt-Employees ,
Flexible Work Arrangements ,
Labor Reform ,
Minimum Workweek ,
Non-Exempt Employees ,
Over-Time ,
Pending Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more
4/5/2022
/ Arbitration ,
Arbitration Agreements ,
Bilateral Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Oral Argument ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
State Sovereignty ,
Unpaid Wages ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more
3/16/2022
/ Background Checks ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Regulatory Agenda ,
State Labor Laws
On February 10, 2022, Assemblymember Buffy Wicks introduced Assembly Bill 1993 (“AB 1993”), which would impose COVID-19 vaccination requirements on virtually all employees and independent contractors working in California,...more
3/16/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Labor Reform ,
Pending Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
As we reported recently, California’s legislature enacted Assembly Bill 84 on Monday; the state’s Senate enacted the law’s counterpart the same day, Senate Bill 114. The new statute sought to reestablish statewide...more
2/10/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Code ,
Labor Reform ,
New Legislation ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to...more
2/9/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As we reported here, Cal/OSHA’s revised COVID-19 Emergency Temporary Standards (“ETS”) took effect on January 14, 2022. The controversial emergency regulations, which have caused employers countless headaches, survived their...more
1/19/2022
/ Appeals ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Lack of Authority ,
Occupational Exposure ,
Preliminary Injunctions ,
Public Health ,
Regulatory Requirements ,
Workplace Safety
Last month, California’s Occupational Safety and Health Standards Board (“OSHSB”) readopted and revised the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”). By and large, OSHSB’s revised ETS retain most of...more
1/12/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Occupational Exposure ,
Quarantine ,
Virus Testing ,
Workplace Safety
Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”).
On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule and a...more
The Los Angeles County Department of Public Health, which has responsibility for the County’s more than 10 million residents, kicked off the new year with a brand new Health Officer Order on January 5, 2022. Among other...more
1/10/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
12/22/2021
/ California ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fixed-Term Labor Contracts ,
Injunctive Relief ,
Netflix ,
No-Poaching ,
Recruitment Policies ,
Twentieth Century Fox ,
Unfair Competition Law (UCL)
While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration Act), in a now infamous (and controversial) decision from 2014, the court...more
12/21/2021
/ Arbitration ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA) ,
SCOTUS
As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity. And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a...more
A suit filed last week in San Diego Superior Court serves as a reminder to employers about the importance of keeping up-to-date on California’s evolving Fair Employment and Housing Act (“FEHA”)....more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved...more
10/8/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Individual Mandate ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On July 15, 2021, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it held that meal and rest break premiums required under California Labor Code section 226.7 (“Section...more
As we previously reported, Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing...more
As we previously reported, on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19. Among...more
In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19. If approved...more