News & Analysis as of June 2, 2025

State Labor Laws

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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 -

The 12 Days of California Labor and Employment Series – Day 2 "Requiring a Driver’s License May Not Be Wise"

Hinshaw & Culbertson - Employment Law... on 12/5/2024

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

The Civil Rights Department’s Upcoming Regulation Updates on Automated Decision Making

Jackson Lewis P.C. on 10/24/2024

The California Civil Rights Council has been working on proposed regulation revisions to include automated decision-making in the requirements under the Fair Employment and Housing Act. The Council met on October 17, 2024,...more

Legislative Update: Bills That Made the Final Cut For 2024

Seyfarth Shaw LLP on 10/2/2024

Seyfarth Synopsis: With the Governor’s September 30 deadline to sign bills behind us, we review the employment bills that made the cut to become laws, as well as those that didn’t survive the season. The most notable new laws...more

California Employers Must Satisfy New 2-Part Test to Avoid Driver’s License Discrimination When Hiring – Your 4-Step Action Plan...

Fisher Phillips on 10/1/2024

A new law signed into effect over the weekend by Governor Newsom will soon prohibit California employers from telling job applicants that a driver’s license will be required for a job unless the position meets a two-part...more

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

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

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

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

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

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

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

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

Fisher Phillips on 2/24/2022

The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

E.L.F. on a Digital Shelf: Employment Law Facts, A Summary of California’s New 2022 Employment Laws

Greenberg Glusker LLP on 12/20/2021

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

California Employment Law Notes - March 2021

Proskauer - California Employment Law on 3/19/2021

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims - Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) - George Choochagi worked as a technical support manager for...more

California DFEH Ramps Up Enforcement of FEHA’s Protections Against Criminal Record Discrimination

Littler on 3/8/2021

Employers with operations in California should be vigilant about compliance with the protections against criminal record discrimination in the California Fair Employment and Housing Act (FEHA). The FEHA prohibits employers...more

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

Littler on 10/8/2020

The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

In Other News, a Non-Coronavirus Mid-Year Update for Employers

Greenberg Glusker LLP on 6/30/2020

The DFEH Finally Publishes its Free Sexual Harassment Training Materials for Non-Supervisory Employees - As we first discussed in a client alert in late 2018, California passed legislation for 2019 requiring that all...more

New California Employment Laws for 2020

Orrick - Employment Law and Litigation on 1/9/2020

2020 is upon us, and with it, a slew of new employment laws that are now in effect. Read on for a description of 13 key employment laws every employer operating in California should know about going into 2020. ...more

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