California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more
Governor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020. Previously, the CFRA applied to companies with 50 or more employees within a 75-mile radius and generally...more
With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more
11/6/2019
/ Anti-Discrimination Policies ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Flexible Spending Accounts ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
New Legislation ,
OSHA ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
State Labor Laws ,
Title VII
The California Supreme Court issued an opinion on July 26, 2018, and found that the federal Fair Labor Standards Act’s de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Federal...more
8/7/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Labor Code ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018. AB 450 prohibits both public and private California employers from voluntarily consenting to a...more
The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more
Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more
11/16/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
DFEH ,
Employer Liability Issues ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements
Governor Jerry Brown signed S.B. 63 last month, which makes CFRA applicable to businesses with 20+ employees. Under the bill, the California Government Code will be amended as of January 1, 2018 to permit eligible employees...more
On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors...more
In addition to championing greater employee and workplace protections via ballot measures and city ordinances in Santa Clara County, California, several unions have set their eyes on the employees of the private companies...more
In a follow-up to the U.S. Department of Labor’s (DOL) release of 12 questions and answers in a publication called “Misclassification Mythbusters,” the DOL has now released a new website called “What is ‘misclassification’?”...more
Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more
In Morris v. Ernst & Young, LLP, the U.S. Court of Appeals for the Ninth Circuit recently reviewed an arbitration agreement that required employees “as a condition of employment” “to sign agreements not to join with other...more
9/7/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
The U.S. Department of Labor (DOL) recently released 12 questions and answers in a publication called “Misclassification Mythbusters.” It appears that the publication is intended to educate/inform individuals about whether...more
As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls.
Title III of...more
8/3/2016
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Commercial General Liability Policies ,
Department of Justice (DOJ) ,
Disability ,
Disability Discrimination ,
E&O Insurance ,
Insurance Industry ,
Point of Sale Terminals ,
Public Accommodation ,
Title III ,
Website Accessibility
Traditional employment practices liability (EPL) and directors’ and officers’ (D&O) insurance may not apply today to cover wage-and-hour liabilities, an issue we detailed in the first and second installments of this series. ...more
As discussed in the first installment of our three-part series on insurance protection against wage-and-hour claims, policyholders have looked to two types of traditional insurance for protection against employment...more
Yesterday, businesses and their executives face an increased threat given the personal liability for officers, directors, managing agents and others as discussed in our recent alert, “California’s Fair Day’s Pay Act May...more
The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for...more
3/29/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more
Governor Jerry Brown signed the California Fair Pay Act (Fair Pay Act or the Act) last week. The law, which has been described as the toughest equal pay law in the country, strengthens protections that have been in place...more
The California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 (Wage Order) or the common...more
Companies that rely on labor provided by third-party contractors may be held jointly liable for wages owed to the contractor’s workers under a new California law that goes into effect on January 1, 2015. The legislation...more