Insight & Commentary on California Workplace Law Issues & Developments
Pursuant to Assembly Bill (AB 2299), the Labor Commissioner was required to develop a model list of employee rights and responsibilities under existing whistleblower laws.
The Labor Commissioner had previously issued a sample notice which included a disclaimer that the Labor Commissioner did not guarantee its posting fulfilled the requirements of California law.
Recently…
On September 27, 2024, Governor Newsom signed Senate Bill (SB) 1137, which clarifies that the Unruh Civil Rights Act, the provisions of the Education Code prohibiting discrimination in public education, and the California Fair Employment and Housing Act (FEHA) prohibit discrimination on the basis not just of individual protected traits, but also on the…
On September 26, 2024, Governor Newsom signed Assembly Bill (AB) 1815, which amends the definition of “race” in the anti-discrimination provisions of the California Government Code, and Education Code, as well as the definitions of “protective hairstyles.” Under the bill, the same definitions apply to the Unruh Civil Rights Act which covers discrimination by…
Government Code section 12850 and related regulations require all California employers to display the “California Law Prohibits Workplace Discrimination and Harassment” poster in a conspicuous place where employees gather. The Civil Rights Department published an updated version of this poster that includes information about protections for employees taking bereavement leave or leave for reproductive loss…
Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The California Supreme Court in Lawson v. PPG Architectural Finishes, Inc, held that Labor Code section 1102.6 “provides the governing framework for…
State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender, and the Colorado law requires robust pay and promotional transparency.
California
Under California’s pay data reporting law (SB 973), most…
California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task. It is delivering. DFEH issued its first guidance on November…
At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some uncertainty for employers in several areas.
The Department of Fair Employment and Housing (DFEH) promised in mid-October that it would be…
Whether the Establishment and Free Exercise Clauses prevent civil courts from adjudicating employment discrimination claims brought by employees against their religious employer, where the employee carried out important religious functions, is the question presented in two consolidated cases before the U.S. Supreme Court: Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, and St. James…
Prior pay, alone or in combination with other factors, is not a job-related “factor other than sex” that can be used to justify a difference in pay under the Equal Pay Act (EPA), a majority of judges on the U.S. Court of Appeals for the Ninth Circuit has held again. Rizo v. Yovino, No.…
