California's Private Attorneys' General Act ("PAGA") was the target of a November 2024 ballot initiative that, if passed, would have repealed the Act in response to perceived abuses and frivolous lawsuits....more
This week, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to finalize a rule that bans noncompete clauses in employment agreements as a per se illegal “unfair method of competition” (“UMC”) under Section 5...more
On January 5, 2023, President Biden signed the Protecting American Intellectual Property Act of 2022 (“PAIPA”) into law. PAIPA requires that the President submit an annual report identifying and describing any “significant...more
The 2023 California legislative session saw the passage of a number of new and important labor and employment laws....more
Federal and state regulators are increasingly focusing their attention on artificial intelligence (“AI”) tools, including the use of automated decision-making tools in employment. This White Paper explores current uses of AI...more
In response to pressure from Congress, OFCCP has extended the deadline for contractors to object to disclosure of EEO-1 reports and opened the door for new objections....more
The California Legislature passed a number of new and important labor and employment laws during its 2022 session.
...more
In Short -
The Situation: The national trend toward pay equity is gaining momentum, leading to transformative changes for employers. A growing list of states and local jurisdictions are enacting pay transparency laws,...more
Case Overview -
On June 15, 2022, the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana, No. 20-1573. The Court held that the rule from Iskanian v. CLS Transportation Los Angeles,...more
6/29/2022
/ 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 ,
Standing ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court sides with employees in Naranjo v. Spectrum Security Services, finding derivative claims available for waiting time and pay stub penalties available for meal and rest break violations.
This...more
5/31/2022
/ Appeals ,
CA Supreme Court ,
Derivative Suit ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Code ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
The 2021 California legislative session saw the passage of a number of new labor and employment laws. Although many relate to the COVID-19 pandemic, the Legislature adopted more nonpandemic-related statutes this term as...more
12/9/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
Non-Disparagement Provisions ,
Quotas ,
Record Retention ,
Separation Agreement ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
The California Supreme Court holds that "regular rate of compensation" used for calculating meal and rest period premiums is identical to "regular rate of pay" used for calculating overtime premiums, which includes hourly...more
7/20/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
The 2020 California legislative session led to a number of new laws that already have had significant impact on employers in the state. Employers were barraged with a combination of state and federal pandemic-related...more
The Situation: There have been numerous reports that computer algorithms used in artificial intelligence ("AI") systems have created or contributed to biased and discriminatory outcomes. To reduce such bias and...more
6/27/2019
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Data Protection ,
Disparate Treatment ,
Federal Trade Commission (FTC) ,
Popular ,
Predictive Analytics ,
Proposed Legislation ,
Technology Sector ,
Title VII
California courts are known for the skepticism with which they approach post-employment restrictive covenants. Until recently, however, they have generally enforced covenants restricting individuals from soliciting their...more
The Situation: The United States Court of Appeals for the Ninth Circuit considered whether an employer's consumer report disclosure form, which contained a combination of disclosures mandated by the Fair Credit Reporting Act...more
The new year brings significant changes to California's employment laws, many of which increase protection for victims of harassment while restricting the use of nondisclosure agreements. It remains to be seen whether new...more
1/28/2019
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Board of Directors ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The California Legislature in 2017 adopted multiple statutes that increase the complexity and scope of employment regulation. Most notable was the passage and signing of Assembly Bill 168, which prohibits employers from...more
3/2/2018
/ Ban the Box ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Fair Pay and Safe Workplaces ,
Foreign Nationals ,
Governor Brown ,
Hiring & Firing ,
Immigrants ,
Job Applicants ,
New Legislation ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workplace Communication