News & Analysis as of

California Retaliation

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Manatt, Phelps & Phillips, LLP

Egg Retrieval Procedures Not Protected By FEHA

Affirming summary judgment for an employer, a California appellate panel said an employee could not advance claims of harassment, discrimination and retaliation based on her egg retrieval procedures....more

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 10 "Wage Theft Updates for 2024"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the tenth day of the holidays, my labor and employment...more

Sheppard Mullin Richter & Hampton LLP

Looking Ahead: New California Employment Laws for 2024

In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more

Hinshaw & Culbertson - Health Care

California Prohibits PBM Discriminatory Practices Against 340B Program Covered Entities and Contract Pharmacies

The 340B Drug Program requires pharmaceutical manufacturers participating in the Medicaid program to provide covered outpatient drugs at significantly reduced prices to certain health care organizations and programs, referred...more

Payne & Fears

Court of Appeal Confirms Availability of Insurance Coverage for Some Kinds of Intentional Conduct

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The California Court of Appeal recently issued a thoroughly reasoned decision in City of Whittier v. Everest National Insurance Company, et al. It addresses coverage for whistleblower retaliation claims and also has...more

ArentFox Schiff

New California Law Makes Proving Labor Code Retaliation Claims Easier for Employees

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On October 8, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6,...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 6 "Employers Beware - Rebuttal Presumption Potentially Available for...

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the sixth day of the holidays, my labor and employment...more

Troutman Pepper

Unpacking California’s 2024 Employment Laws: Key Changes Employers Need to Know

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California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

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I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more

Mintz - Employment Viewpoints

New Year, New Laws: California Employment Law Updates for 2024

California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...more

Sheppard Mullin Richter & Hampton LLP

New California Law Makes It Easier for Employees to Establish Retaliation Claims for Alleged Labor Code Violations

On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to...more

CDF Labor Law LLP

New Law Makes Establishing Retaliation Claims Easier For California Employees

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On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 497, which makes it easier for employees to establish retaliation claims in California....more

Nossaman LLP

[Webinar] Employment & Employee Benefits Law Update: Staying Compliant in 2024 - November 16th, 1:00 pm - 2:30 pm PT

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Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more

Greenberg Glusker LLP

Protected Paid Sick Leave Increases to Five Days Per Year Under California State Law

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With the stated purpose of encouraging sick employees to stay home to stop the spread of COVID and other contagious diseases in the workplace, Governor Newsom signed SB 616, expanding the state’s Healthy Workplaces, Healthy...more

Paul Hastings LLP

Get Ready California Employers! A Wave Of New Employment Laws Set To Kick In Next Year.

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Another New Year means another flurry of new laws for California employers. Indeed, Governor Newsom had another busy October, signing over a dozen employee-friendly bills touching everything from cannabis use to workplace...more

Davis Wright Tremaine LLP

California's New Employment Laws: Get Ready for 2024

Governor Newsom signed into law a plethora of bills that significantly expand the rights of employees in California, although notably vetoing a bill that would have prohibited caste discrimination. Most of the new laws take...more

Quarles & Brady LLP

Key New Laws Affecting California Employers in 2024

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Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers....more

Console and Associates, P.C.

New Report Shows Over Five Percent of All Employment Lawsuits Are Filed in the Central District of California

State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment disputes often involve a mix of state and federal claims, most of these cases...more

Buchalter

Coming In 2024: Proposed New Employment Laws Affecting California Employers

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As with every new year, California employers may face an abundance of new laws that will regulate the workplace in 2024. Governor Newsom has until October 14, 2023 to approve or veto the bills discussed below. Unless...more

Foley & Lardner LLP

What’s Next for Labor and Employment Laws in California?

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The 2023 California Legislative session, which ended on September 14, 2023, saw a flurry of activity on labor and employment-related laws. Governor Newsom has until October 14, 2023, to sign, veto, or pocket veto (i.e., take...more

Proskauer - Whistleblower Defense

CA District Court: Insurance Policy Covering Securities Claims May Extend to SOX Whistleblower Claims

A recent California district court addressed the question of whether, for insurance coverage purposes, a SOX whistleblower claim is a “securities claim,” and answered that question in the affirmative. Skye Bioscience v....more

Proskauer - California Employment Law

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

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