On-Demand Webinar | Navigating Leave and Disability Protection Laws During COVID-19: A Practical Guide for California Employers
Employment Law This Week®: FAA Arguably Preempts California Law, New CA Employment Laws for 2020, CA Consumer Privacy Act Amended
Employment Law This Week: FEHA Expansion, Class Waiver, Employer Conduct Rules, CA’s Paid Family Leave Law
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
In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more
Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more
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
If you’ve been reading or watching the news in recent months, you have surely seen a large amount of press on various states and municipalities introducing laws to restrict certain rights of those in the LGTBQ+ community....more
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) - Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As...more
In preparation for 2022, California employers have an abundance of new laws with which to comply. Below are the highlights curated by our Employment Law Group. SB 331: The “Silenced No More” Bill, Prohibits Confidentiality...more
If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more
When does the statute of limitations period begin to run on a harassment claim? The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure...more
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) - Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more
The one-time use of a racial epithet by a coworker was not enough to sustain a hostile work environment suit brought by a former employee of a district attorney’s office, a California appellate court has ruled....more
Partner Joseph Ortiz Discusses Changes in the Southern California Newspaper Group - For California employers, 2020 brings sweeping changes to equalize the workplace. This playbook of new employment laws — aimed at...more
Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more
Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) - John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe...more
Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) - Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of...more
This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more
As 2019 winds down, employers operating in California will not want to forget that January 1, 2020, rings in several new California laws affecting the workplace. Here’s a New Year’s Eve countdown of 10 important new...more
In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more
As 2019 draws to a close, it is time to take a close look at some of the most important new laws that have been passed which will affect California employers in 2020 and beyond. As always, employers should review their...more
It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the...more
Starting January 1, 2020, California employees will have three times as long to file charges alleging discrimination, harassment and retaliation. The new statute of limitations arises from AB 9, which increases the statute of...more
Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary: Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term...more
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
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more