Employers in Illinois will soon need to (1) tell their employees and applicants when artificial intelligence (AI) is being used in employment and (2) be prohibited from using AI in a manner that discriminates against...more
California recently passed two laws – Senate Bill 699 (SB 699) and Assembly Bill 1076 (AB 1076) – reiterating and expanding its ban on non-compete agreements in response to evolving employment practices and the rise of remote...more
Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that...more
On June 8, 2022, Governor Jared Polis signed HB22-1317 “Restrictive Employment Agreements” into law further limiting the enforceability of restrictive covenants in Colorado, as of August 10, 2022....more
On October 7, 2021, California Governor Gavin Newsom signed into law the “Silenced No More Act,” which prohibits non-disclosure agreements relating to all types of workplace harassment....more
As we previously discussed, Colorado’s Equal Pay for Equal Work Act (EPEW) required Colorado employers to, among other things, disclose compensation information on job postings for positions that are performed in Colorado....more
California has long required employers to pay employees a wage premium that is the equivalent to one hour of regular pay if they are not provided a compliant meal or rest break. This single issue is the subject of countless...more
On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company...more
On April 16, 2021 Governor Newsom signed into law Senate Bill 93, which requires employers in certain industries to offer laid-off employees due to COVID-19 all job positions that become available for which the employee is...more
On March 19, 2021 Governor Newsom signed into law SB 95 (adding sections 248.2 and 248.3 to the Labor Code), which requires employers to pay California employees up to two weeks of COVID-19 supplemental paid sick leave...more
3/31/2021
/ Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Labor Reform ,
Labor Regulations ,
Paid Time Off (PTO) ,
Retroactive Application ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
12/3/2019
/ Appeals ,
Calculation of Damages ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Code ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Rate of Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California. Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more
10/29/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Following in the wake of the #MeToo movement, two new bills adopted by the California Legislature will expand the temporal scope of state-law harassment, discrimination, retaliation, and sexual assault claims. ...more
10/4/2019
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more
9/28/2019
/ ABC Test ,
Ballot Measures ,
Borello Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour ,
Wage Orders
The debate about whether the Dynamex decision applies retroactively is alive again thanks to a reverse course by the Ninth Circuit Court of Appeals. As we previously discussed, in April 2018, the California Supreme Court...more
8/13/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Employers in California should be ready for a big change in the retirement law to take effect over the next three years. This change comes in the form of a new California program called CalSavers (formerly known as Secure...more
1/9/2019
/ 401k ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Mandates ,
Individual Retirement Account (IRA) ,
Payroll Deductions ,
Qualified Retirement Plans ,
Regulatory Requirements ,
Retirement ,
Secure Choice Savings Program ,
State and Local Government ,
State Labor Laws
Late last month, California Governor Jerry Brown signed Assembly Bill 2282 (“AB 2282”) into law. The Bill attempts to provide California employers with answers to questions that remained after Assembly Bill 168 (the “Salary...more
California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will...more
5/7/2018
/ 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