CDF Labor Law LLP

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18300 Von Karman Avenue
Suite 800
Irvine, CA 92612, United States
Phone: (949) 622-1661
Areas Of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Business Organizations
  • Class Action
  • Immigration Law
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
Number of Attorneys
25-50 Attorneys

CRD’s New Pay Data Reporting Requirements

The CRD (California Civil Rights Department, formerly known as the DFEH) published “Important Announcements for the 2023 Reporting Year” with new resources (guides, templates, training slides, responses to FAQs), and information…more

California, DFEH, Equal Pay, Pay Data, Pay Discrimination

See all updates »

[Webinar] What Has Been Happening at the NLRB and with Unions in 2024? - July 24th, 10:00 am - 11:00 am PT

Join CDF attorneys Mark S. Spring and Tashayla Billington for a one-hour in-depth review of the recent developments in traditional labor law. If you manage a union or non-union workforce in California, you won’t want to miss…more

California, Continuing Legal Education, Employee Handbooks, Employment Policies, NLRB

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Collegiate Athletes to Share in Sports Revenue in California?

Earlier this year, we blogged about the NLRB’s aggressive moves to try to make revenue-generating college athletes employees, at least for purposes of the National Labor Relations Act. Earlier this month, the California Assembly…more

California, College Athletes, Compensation & Benefits, Educational Institutions, Intellectual Property Protection

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[Webinar] Navigating the New PAGA - A Strategic Guide for Employers - September 24th, 10:00 am - 11:00 am PT

Join us for a complimentary webinar during which CDF partners will discuss the new iteration of California’s Private Attorneys General Act (PAGA) and related legal developments while providing attendees with strategic guidance…more

Continuing Legal Education, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

See all updates »

On The Horizon: California Bill Seeks To Ban Caste-Based Discrimination

California is likely to become the first state to explicitly ban caste-based discrimination in the context of employment, housing, and public schools. SB 403 seeks to amend the Fair Employment and Housing Act (FEHA), along with…more

California, Discrimination, Employees, Employer Liability Issues, FEHA

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[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related…more

Arbitration Agreements, Class Action, Continuing Legal Education, Employer Liability Issues, Employment Contract

See all updates »

2024 PAGA Reforms – Has the Landscape Changed?

The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other employees,…more

California, Class Action, Employees, Employment Litigation, Labor Code

See all updates »

California Employers: Beware New Indoor Heat Illness Regulations Effective Immediately

On July 23, 2024, California’s “Heat Illness Prevention in Indoor Places of Employment” regulation went into effect. The new regulation applies to most California workplaces where indoor temperatures reach 82°F or higher, and…more

Cal-OSHA, California, Employees, Employer Liability Issues, Health and Safety

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Employers Beware - Deadline for Payment of Arbitration Fees Strictly Construed

California employers should be extremely cautious about timely paying arbitration fees or could pay the price – waiving their right to arbitrate and having to proceed in court…more

Arbitration, Arbitration Agreements, Arbitration Fees, Employer Liability Issues, Employment Contract

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Get Ready for July 1, 2024 Federal Increased Salary Thresholds

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act…more

California, Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Court Issues Nationwide Injunction Against FTC’s Noncompete Ban

As of yesterday afternoon, employers across the country that utilize noncompete agreements may breathe a sigh of relief, as Judge Ada Brown beat her self-imposed deadline of August 30, 2024 and ordered an end to any enforcement…more

Administrative Procedure Act, Competition, Confidential Information, Employer Liability Issues, Employment Contract

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[Webinar] Combatting the Rise in Wage & Hour and PAGA Litigation in the Healthcare Industry - October 7th, 10:00 am - 11:00 am PST

Healthcare employers are not immune to the outbreak of wage and hour and PAGA claims that are plaguing California businesses. As healthcare is one of the largest and fastest-growing industries in the country, it places a…more

Best Practices, Continuing Legal Education, Coronavirus/COVID-19, Employee Training, Employer Liability Issues

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A Win for Staffing Agencies in California

A key issue that staffing agencies often face in litigation is whether the end of a temporary work assignment constitutes a “discharge” of the employee’s employment with the staffing agency. In a favorable ruling for staffing…more

California, Corporate Counsel, Employees, Employer Liability Issues, Employment Litigation

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Naranjo v. Spectrum Security Services, Inc.

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to fill…more

Appeals, Attorney's Fees, Damages, Employer Liability Issues, Employment Litigation

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NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal Trade…more

Antitrust Division, Bargaining Power, Business Succession, Corporate Sales Transactions, Department of Justice (DOJ)

See all updates »

USCIS Conducts a Second H-1B Lottery Draw

​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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California’s Employees Entitled to Reproductive Loss Leave in 2024

On January 1, 2024, most California employers are required to provide up to five days of unpaid leave to an employee who experiences a reproductive loss event. Senate Bill 848 defines a reproductive loss as a failed adoption,…more

California, Employer Liability Issues, Labor Reform, Pregnancy, Pregnancy Disability Leave Law

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FTC Noncompete Ban Upheld: What Employers Need to Know

Yesterday, a Pennsylvania federal judge upheld the Federal Trade Commission's (FTC) ban on employment noncompete agreements in ATS Tree Services, LLC v. Federal Trade Commission. This decision may have implications for employers…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements

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Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer transaction,…more

Appeals, Arbitration, Arbitration Agreements, Employees, Employer Liability Issues

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[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new…more

California, Confidentiality Agreements, Continuing Legal Education, Drug Testing, Employee Handbooks

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Updates on California’s Pro-Employee Legislation

​​​​​​​September has been a significant month for pro-employee legislation in Sacramento. In early September, Governor Newsom signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act, which provides for…more

California, Employer Liability Issues, Fast-Food Industry, Labor Reform, New Legislation

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CMS Will Enforce Health Care Vaccine Mandate Unless Enjoined By Court

On December 28, 2021, the Centers for Medicare and Medicaid Services (“CMS”) announced that it will begin enforcement of the COVID-19 vaccine mandate, as set forth in the Interim Final Rule published on November 5, 2021, in 25…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Essential Workers

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Cal-OSHA Issues A New Set Of Proposed Revisions To The ETS

Last week, on October 20, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued proposed revisions to the Emergency Temporary Standards (“ETS”).  If approved, the revisions would be in place from January…more

Cal-OSHA, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Health and Safety

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Supreme Court Overturns Chevron Deference, Shifts Authority to Courts to Review Federal Agency Rules and Regulations

The Supreme Court of the United States’ (SCOTUS) decision last week in Loper Bright Enterprises v. Raimondo marks a significant change in the legal landscape with respect to courts’ authority to review rules and regulations…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Judicial Authority, Loper Bright Enterprises v Raimondo

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Health Care Minimum Wage Increases Delayed Until At Least October 2024

​​​​​​​On June 29, 2024, Governor Gavin Newson signed Senate Bill (SB) 159, which includes revisions to California’s health care worker minimum wage, delaying the implementation of minimum wage increases to health care workers…more

Employees, Employer Liability Issues, Healthcare Workers, Labor Code, Labor Reform

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Authority Restored: The California Privacy Protection Agency May Enforce Latest Regulations

The California Privacy Protection Agency’s (“Agency”) ability to enforce its regulations has been a hot topic over the last year and the most recent twist puts the Agency back into the enforcement business immediately…more

California, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity

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[Webinar] Avoiding Litigation - Effective Disability Accommodation Practices for California Employers - August 22nd, 10:00 am PT

CDF Partners Leigh A. White and Marianne C. Koepf will present an insightful webinar on one of the fastest-growing areas of litigation in California: disability discrimination and reasonable accommodation. With the…more

Best Practices, Business Operations, California, Continuing Legal Education, Disability Discrimination

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Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA…more

CA Supreme Court, Class Action, Employment Litigation, Labor Code, Labor Law Violations

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NLRB General Counsel Releases Memorandum Providing Guidance on Non-Disparagement and Confidentiality Clauses in Settlement Agreements

Last week, on March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, released Memorandum GC 23-05, which provides clarification of the recent McLaren Macomb decision…more

Confidentiality Agreements, Contract Terms, Employer Liability Issues, Guidance Update, NLRA

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[Webinar] Adapting Workplace Investigations to Meet the Challenges of the Moment - April 27th, 10:00 am - 11:00 am PT

As the pandemic crisis and the social landscape continues to evolve, so too must the techniques that employers use to investigate workplace concerns. Employer missteps when conducting internal investigations can create…more

#MeToo, Anti-Harassment Policies, Black Lives Matter, Continuing Legal Education, Coronavirus/COVID-19

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2024 PAGA Reforms – Has the Landscape Changed?

The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other employees,…more

California, Class Action, Employees, Employment Litigation, Labor Code

See all updates »

Newsom Revives the California Industrial Welfare Commission After Almost 20 Years

On July 10, 2023, Governor Gavin Newsom signed Assembly Bill 102 into law (“AB 102”). This is the first time in almost 20 years that the Industrial Welfare Commission (“IWC”) has received funding from the state. The IWC,…more

California, Labor Reform, New Legislation, State Funding, State Labor Laws

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NLRB, DOJ, FTC and DOL Formalize the Exchange of Information to Help Scrutinize The Impact of Mergers on Workers

The MOU - On August 28, 2024, the National Labor Relations Board and Department of Labor (“Labor Agencies”) entered into a Memorandum of Understanding with the Department of Justice – Antitrust Division and the Federal Trade…more

Antitrust Division, Bargaining Power, Business Succession, Corporate Sales Transactions, Department of Justice (DOJ)

See all updates »

2024 PAGA Reforms – Has the Landscape Changed?

The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other employees,…more

California, Class Action, Employees, Employment Litigation, Labor Code

See all updates »

Cal/OSHA Implements Third Revision to COVID-19 Emergency Regulations

On May 6, 2022, the latest and greatest (third) revision to the Cal/OSHA Emergency Temporary Standards (“ETS”) takes effect.  Most of the core requirements that employers must develop, implement, and maintain via a written…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Supreme Court Confirms More Stringent Test Before Granting Section 10(j) Injunctions In Rare Win For Employers

Earlier this week, in Starbucks v. McKinney, 602 U.S. ____ _2024), the Supreme Court resolved a disagreement among federal appeals courts on how requests for injunctive relief under Section 10(j) of the National Labor Relations…more

Hiring & Firing, Injunctive Relief, NLRB, Preliminary Injunctions, SCOTUS

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US Supreme Court Holds Lateral Job Transfers Can Be Discriminatory Under Title VII

On April 17, 2024, the United States Supreme Court delivered a win to employees holding that a lateral job transfer can be discriminatory under Title VII when the transfer brought some harm to the employee. The Supreme Court…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

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Governor Newsom Signs Law Expanding Employer Pay Transparency and Pay Data Reporting Requirements

On February 17, 2022, the California legislature introduced Senate Bill (“SB”) 1162 to expand employer requirements regarding pay transparency and pay data reporting. On September 27, 2022, Governor Gavin Newsom signed SB 1162…more

California, DFEH, Employer Liability Issues, Labor Reform, New Legislation

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Attorneys’ Fees May Be Awarded in FEHA Cases Even Where Attorney Misconduct Is Involved

In Simers v. Los Angeles Times Communications LLC, Plaintiff T.J. Simers was a well-known columnist for the Times, who after 23 years of employment, suffered a medical issue at the age of 62. Upon resuming his duties, the Times…more

Attorney's Fees, Damages, Disability Discrimination, FEHA, Jury Trial

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California Poised For Indoor Heat Illness Regulation

Cal/OSHA has long been able to cite employers for violating stringent outdoor heat illness regulations, that apply to all “outdoor places of employment.” As a consequence, indoor work spaces subjected to high heat conditions…more

Cal-OSHA, California, Employees, Employer Liability Issues, Health and Safety

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Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a…more

Basketball, College Athletes, Colleges, Educational Institutions, Employee Definition

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[Webinar] Top 10 Employment Issues for California Employers Dealing with Remote Workers - July 29th, 10:00 am - 11:00 am PT

COVID-19 ushered in a new paradigm of remote working. Although some companies had already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling with a…more

Best Practices, Business Expenses, Continuing Legal Education, Data Privacy, Data Security

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Santa Clara County Updates Guidelines for Reopening Employers Effective June 21, 2021

In May 2021, Santa Clara County implemented some unique requirements on employers in the County with respect to gathering information on the vaccination status of employees…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Health and Safety, Infectious Diseases

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COVID-19 Supplemental Leave Likely To Be Extended In California

In just a few days, California Assembly Bill 152, authored by the Assembly Committee on Budget, will face its final hurdle when it hits the Governor’s desk for signature. The California legislature passed the COVID-19-related…more

California, Coronavirus/COVID-19, Employees, Employer Liability Issues, Infectious Diseases

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California Contemplates Right to Disconnect Law

California Assembly member Matt Haney has introduced the first “right to disconnect” law in the United States, Assembly Bill 2751 (A.B. 2751). Under the proposed legislation, employers would be required to define employees'…more

California, Employee Privacy Rights, Employment Policies, Labor Reform, Off-Duty Employee Access

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Federal Regulations Trump California’s Meal and Rest Break Rules For Short Haul Drivers Too

Employers in the trucking industry have repeatedly tried to challenge the applicability of California’s stringent meal and rest break laws to their workers, in light of the practical difficulties of complying with those rules…more

Employer Liability Issues, Exempt-Employees, FMCSA, Labor Code, Labor Regulations

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Ensuring Employee Handbook Compliance During a Business Transaction or Restructuring

As the economy changes, corporate restructures, mergers and acquisitions are on the rise. There is a plethora of employment-related issues that should be heavily vetted in advance of a corporate transaction as the target…more

Acquisitions, Buyers, Corporate Restructuring, Corporate Sales Transactions, Employee Handbooks

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California to Increase Regulation of AI Tools In The Workplace: New Legal Liability

The explosion of AI and the fast pace at which employers are implementing AI into the workplace prompted California regulators to propose new rules that will govern the use of AI tools in employment decisions such as…more

Algorithms, Artificial Intelligence, Bias, Employer Liability Issues, Employment Discrimination

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Updates to Notices and Pamphlets California Employers Must Provide to New Hires

Employers should be aware of three recent updates to certain notices and pamphlets that California employers must provide new hires. …more

California, Employee Rights, Employer Liability Issues, Employer Responsibilities, Hiring & Firing

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California Workplace Violence Prevention Plan Compliance: July 1, 2024 Deadline – Are You Ready?

Effective July 1, 2024, all California employers (with a few exceptions) – regardless of industry – are required to: (1) have a written Workplace Violence Prevention Plan (“WVPP”), (2) train employees on the WVPP, workplace…more

Cal-OSHA, California, Employee Training, Employees, Employer Liability Issues

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Employment Law Bills Await Governor Newsom’s Signature Or Veto

It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers, as…more

California, Corporate Counsel, Employee Definition, Employee Rights, Farm Workers

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[Webinar] Navigating the New PAGA - A Strategic Guide for Employers - September 24th, 10:00 am - 11:00 am PT

Join us for a complimentary webinar during which CDF partners will discuss the new iteration of California’s Private Attorneys General Act (PAGA) and related legal developments while providing attendees with strategic guidance…more

Continuing Legal Education, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

See all updates »

California Workplace Violence Prevention Plan Compliance: July 1, 2024 Deadline – Are You Ready?

Effective July 1, 2024, all California employers (with a few exceptions) – regardless of industry – are required to: (1) have a written Workplace Violence Prevention Plan (“WVPP”), (2) train employees on the WVPP, workplace…more

Cal-OSHA, California, Employee Training, Employees, Employer Liability Issues

See all updates »

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