Employees can sue for unsafe work environment. At Jackson Lewis, we pride ourselves in providing advice to employers on how to prevent or minimize workplace related claims. Employers are obligated to warn consumers and employees of any risks involved with exposure to products or space exhibiting certain levels of chemicals. This article addresses the new
California
Employer Successfully Defends Rounding Policy by Showing It Did Not Disfavor Employees
A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No. D071865.)
AMN employed Donohue as a nurse recruiter who was non-exempt from California’s overtime requirements. AMN tracked recruiters’ …
California Law Pushes Virtue of Diversity Requiring Females on Boards of Directors
California Governor Jerry Brown recently signed Senate Bill 826 into law which requires publicly-held corporations with principal executive offices in California to have a certain number of females on their boards of directors.
The new law sets forth phased requirements for these corporations. By the end of 2019, each covered company must have at least…
California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts
In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims.
Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been barred from requiring employees and independent…
Governor Brown Signed Bill Amending a Key Term in the California Arbitration Act
California Assembly Bill 3247 amends the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq.) by replacing the current term revocation with rescission. The bill removes any potential ambiguity by inserting the proper terminology.
On July 16, 2018, California Governor Jerry Brown signed into law Assembly Bill 3247 (“AB 3247”), which amends the…
New California Law Prohibits Refusing Entrance to a Business Because a Member is Wearing Their Military Uniform and Adds Other Protections
On July 16, 2018, Governor Brown signed into law SB 1500 which expanded protections for members of the Armed Forces of the United States and to members of the Federal Reserve components of the Armed Forces.
The new law makes clear that no business and other covered establishments may deny a member of the Armed…
Employer Found Liable Where Supervisor Mocked Employee’s Stuttering Problem
In responding to claim of harassment, discrimination or retaliation based on protected categories, California employers must timely respond to and thoroughly investigate workplace complaints to avoid exposure. On July 9, 2018, a California Court of Appeal court found an employer liable where an employee was mocking a person for having a stutter on more than…
Federal District Judge Puts On Hold Parts of AB 450 Which Prohibited Employers From Voluntarily Consenting To A Federal Immigration Agent’s Request To Enter Nonpublic Areas or For Voluntarily Providing Records
On July 4, 2018, Federal District Judge John A. Mendez granted a preliminarily injunction enjoining the State of California, Governor Brown, and Attorney General Becerra from enforcing parts of AB 450, the controversial new law that limited employer conduct when dealing with federal immigration enforcement. Specifically, the Judge stopped the enforcement of the California…
Cal/OSHA Issues Advisory for Employers to Take Precautions to Protect Workers Exposed to Hazards Relating to Wildfires
A high heat advisory for employers with outdoor workers in Central and Southern California has been issued by Cal/OSHA. With temperatures rising and more than 10 active wildfire incidents in California, Cal/OSHA is also advising employers that special precautions must be taken to protect workers from hazards from wildfire smoke and other possible concerns.…
California’s Hotel Housekeeping Standard: Ready or Not, Here it Comes
California’s long-awaited standard on “Hotel Housekeeping Musculoskeletal Injury Prevention” is finally here, coming into effect for California hotels and other lodging establishments on July 1, 2018. The standard is designed to control the risk of musculoskeletal injuries to housekeepers. The standard applies to “lodging establishments,” such as hotels, motels, resorts, and bed and breakfast inns.…