On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually...more
3/11/2024
/ Cal-OSHA ,
California ,
Governor Newsom ,
Labor Code ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California.
The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more
On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow...more
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect,...more
A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
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
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
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
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
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
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal...more
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure...more
10/9/2020
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
New Rules ,
Notice Requirements ,
Occupational Exposure ,
Paid Leave ,
Paid Sick Leave ,
Podcasts ,
Sick Leave ,
State Labor Laws ,
Workplace Outbreaks
Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family...more
Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code. The new statute, which takes effect January 1, 2021, requires that employers notify...more
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more
8/25/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Uber ,
Wage and Hour
Today, the Attorney General of California and the City Attorneys for Los Angeles, San Francisco, and San Diego filed a lawsuit against Uber and Lyft, alleging that the companies willfully misclassify their drivers. The suit...more
Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal....more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour