California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more
5/14/2025
/ Artificial Intelligence ,
Biometric Information ,
California ,
Corporate Counsel ,
Data Privacy ,
Employee Monitoring ,
Employee Rights ,
New Legislation ,
Proposed Legislation ,
State Labor Laws ,
Surveillance
Wyoming just banned most non-compete agreements (Wyo. Stat. § 1-23-108): starting July 1, 2025, most agreements that restrict workers from working in competitive jobs will be void, absent some exceptions for:
High-Level...more
4/3/2025
/ Contract Terms ,
Employee Rights ,
Employee Training ,
Employees ,
Employment Contract ,
New Legislation ,
New Rules ,
Non-Compete Agreements ,
Physicians ,
Restrictive Covenants ,
State Labor Laws ,
Trade Secrets
As we have reported time and again, California courts have applied extra scrutiny to employee arbitration agreements in recent years, and have not hesitated to deny arbitration where there is a reasonable basis for doing so. ...more
4/2/2025
/ Arbitration ,
Arbitration Agreements ,
California ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more
3/27/2025
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Class Action ,
Confidentiality Policies ,
Consumer Protection Laws ,
Dispute Resolution ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
SCOTUS ,
Sexual Harassment
The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here.
This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more
2/7/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Rights Act ,
Dispute Resolution ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Retaliation ,
Sexual Harassment ,
Title VII
As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more
1/21/2025
/ California ,
Constitutional Challenges ,
Declaratory Relief ,
Employee Rights ,
Employment Litigation ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Injunctive Relief ,
Labor Reform ,
NLRA ,
NLRB ,
State Labor Laws ,
Unions
Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees...more
1/14/2025
/ Anti-Retaliation Provisions ,
California ,
Collective Bargaining Agreements (CBA) ,
Compliance ,
Corporate Counsel ,
Employee Benefits ,
Employees ,
Employment Contract ,
Exempt-Employees ,
Natural Disasters ,
Non-Exempt Employees ,
Paid Leave ,
Pre-Employment Agreements ,
State Labor Laws ,
Wage and Hour ,
Wildfires
The California Department of Industrial Relations (DIR) has released updated guidance clarifying how the state’s latest statutory enactments will impact employers’ paid sick leave obligations. Specifically, as we reported...more
The California Labor Workforce Development Agency (LWDA) recently refreshed its Frequently Asked Questions (FAQs) regarding Private Attorneys General Act (PAGA) claims processing in light of the recent legislative reforms....more
The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more
2/23/2024
/ Administrative Law Judge (ALJ) ,
Black Lives Matter ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Race Relations ,
Section 7 ,
Uniforms
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night.
As we reported...more
10/23/2023
/ Arbitration ,
Attorney's Fees ,
Cal Code of Civil Procedure ,
Coronavirus/COVID-19 ,
Damages ,
Employee Retention ,
Federal Arbitration Act ,
FEHA ,
Healthcare Workers ,
Labor Code ,
Marijuana ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Sick Leave ,
Private Right of Action ,
Recreational Use ,
Reproductive Healthcare Issues ,
Retaliation ,
Temporary Layoffs
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more
Last summer, we reported here the California Supreme Court ruling that premium payments owed under Labor Code section 226.7 for meal and rest break violations constitute “wages.” The Naranjo et al. v. Spectrum Sec. Servs.,...more
3/6/2023
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
Penalties ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
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
Five years ago, Hollywood actresses, Olympic gymnasts, and women across a variety of sectors sparked the #MeToo movement with allegations of sexual harassment against entertainment, sports, and business leaders. The movement...more
10/25/2022
/ #MeToo ,
Anti-Harassment Policies ,
Arbitration ,
Equal Employment Opportunity Commission (EEOC) ,
Non-Disclosure Agreement ,
Noncompliance ,
Settlement Agreements ,
Sexual Assault ,
Sexual Harassment ,
Workplace Harassment Guidance ,
Zero Tolerance Policies
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the...more
9/22/2022
/ Bereavement Leave ,
California ,
Corporate Counsel ,
Employment Discrimination ,
Governor Newsom ,
Labor Relations ,
New Legislation ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Data ,
Pending Legislation ,
Workplace Safety
Amid a recent surge in COVID-19 cases and hospitalization rates in Los Angeles, the Alliance of Motion Picture and Television Producers (“AMPTP”) announced an extension of and modifications to the existing Return-to-Work...more
As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes,...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
Despite California’s general hostility towards post-termination restrictive covenants, the California Court of Appeal, in a recently published opinion, Blue Mountain Enters., LLC v. Owen, 74 Cal.App.5th 537 (1st Dist. Jan....more
2/21/2022
/ Appeals ,
Breach of Contract ,
Business & Professions Code ,
Contract Terms ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Joint Venture ,
Non-Solicitation Agreements ,
Ownership Interest ,
Restrictive Covenants ,
Transfer of Rights ,
Unfair Competition
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
1/3/2022
/ Appeals ,
Charitable Organizations ,
Class Certification ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Tax Exempt Entities ,
Unpaid Wages ,
Volunteers ,
Wage and Hour
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