News & Analysis as of September 18, 2024

Hiring & Firing › California Fair Employment and Housing Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Legislative Update: Legislature Hikes the Ball For Signing Kickoff

Seyfarth Shaw LLP on 9/13/2024

Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into...more

Egg Retrieval Procedures Not Protected By FEHA

Manatt, Phelps & Phillips, LLP on 7/29/2024

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

California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should...

Fisher Phillips on 7/24/2024

A recent decision from the California Court of Appeal concluded that a worker could not advance a pregnancy discrimination claim based on alleged mistreatment following egg retrieval and freezing procedures – but employers...more

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Looking Ahead: New California Employment Laws for 2024

Sheppard Mullin Richter & Hampton LLP on 12/21/2023

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

New FEHA Regulations Alter How, When Employers Can Consider Applicant’s Criminal Histories

McDermott Will & Emery on 11/6/2023

The California Civil Rights Council (CRD) (formerly the DFEH) has issued new regulations that modify the Fair Employment and Housing Act (FEHA), the law that governs how and when California employers can consider a job...more

California Employers Prohibited from Discriminating Against Applicants and Employees for Off-Duty Cannabis Use

Greenberg Glusker LLP on 11/3/2023

Governor Newsom signed AB 2188, which amends the state’s Fair Employment and Housing Act (“FEHA”) to prohibit discrimination based on off-the-job cannabis use. AB 2188 prohibits most employers from discriminating against a...more

High Protections on Information Relating to Employees’ Cannabis Use

Sheppard Mullin Richter & Hampton LLP on 10/31/2023

On October 7, 2023, Governor Gavin Newson signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information...more

Reminder: October 1 New Requirements For Considering Criminal History in Employment

CDF Labor Law LLP on 9/29/2023

On October 1, 2023, changes to the Fair Employment and Housing Act regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more

California Legislature Advances Employment Law Bills in Final Weeks of Session

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/6/2023

As the September 14, 2023, deadline to pass bills during the current session of the California Legislature fast approaches, the California Senate and Assembly are considering several employment law bills. Many are likely to...more

Third Party Agents Are Employers For Purposes Of FEHA Liability

Seyfarth Shaw LLP on 8/28/2023

Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more

California’s FEHA Liability Extends to Service Providers

CDF Labor Law LLP on 8/25/2023

A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA....more

California’s Newest Regulations Regarding Criminal Records

Perkins Coie on 8/24/2023

California’s Civil Rights Council (the Council), a branch of the California Civil Rights Department, issued proposed revisions, earlier this year, to the Fair Employment and Housing Act (FEHA) regulations governing an...more

BEWARE: New Requirements for How California Employers May Consider Criminal History In Employment Go Into Effect On October 1,...

CDF Labor Law LLP on 8/9/2023

On October 1, 2023, changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect, modifying California Code of...more

Changes in California’s Regulations Regarding Criminal Records Approved

Littler on 8/2/2023

The California Civil Rights Council previously issued draft revisions to the Fair Employment and Housing Act’s regulations governing inquiries into and consideration of a job applicant’s criminal history in making hiring...more

The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Shaw LLP on 7/11/2023

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow....more

Court Provides Guidance Regarding Employer Vaccine Mandates

Seyfarth Shaw LLP on 5/23/2023

Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more

AI is Here and So Are the New AI Rules for Employers

Proskauer - California Employment Law on 4/25/2023

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

Littler on 2/20/2023

In a significant win for California employers, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta,1 affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Upcoming Changes in California’s Law Regarding Criminal Background Checks

Littler on 1/6/2023

Employers that rely on criminal background checks to vet candidates know all too well that they must comply with a legion of statutes, ordinances, and regulations. On December 15, 2022, the Civil Rights Council (“Council”)...more

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on 12/8/2022

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

California Bans Employment Discrimination For Marijuana Use

ArentFox Schiff on 10/6/2022

California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally...more

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

Proskauer - California Employment Law on 5/26/2022

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

California Legislature Considers Employment-Related Bills

Manatt, Phelps & Phillips, LLP on 5/20/2022

The California legislature has several employment-related bills under consideration, including a law that would prohibit discrimination against marijuana users, another that would provide protections for employees with safety...more

California Bill Proposes to Prohibit Employment Discrimination Against Marijuana Users

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/27/2022

A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment...more

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Hiring & Firing › California Fair Employment and Housing Act

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