Tag Archives: California

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 Government … Continue Reading

A PAGA Case Cannot Stand Without Standing: Court of Appeal Affirms Trial Court’s Dismissal of PAGA Action After the Plaintiff Settles His Individual Labor Code Claims in Arbitration

In Kim v. Reins International California, Inc. (B278642, Cal. Ct. App., December 29, 2017), the Court of Appeal for the Second Appellate District addressed for the first time the question of whether an employee-plaintiff, who had settled and dismissed his individual claims under the Labor Code against his employer, was able to maintain a representative action … Continue Reading

New California Disability and Leave Laws – Are You Ready for 2018?

With the turn of the year comes a wave of new California disability and leave laws.  Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1:  To read more please visit this article at our Disability, … Continue Reading

DLSE Reverses Its Position on California Rest Breaks

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.  Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their … Continue Reading

Los Angeles City Council Votes to Expand Paid Sick Leave

The Los Angeles City Council voted 13-1 in favor of a proposed ordinance that would permit Los Angeles workers to earn at least six paid sick leave days annually. The new paid sick leave entitlement would double the mandatory minimum under California’s statewide paid sick leave law. The proposed ordinance, which still needs to be … Continue Reading

California Court of Appeal Expands FEHA’s Reasonable Accommodation Requirements to Employees Who are Associated with a Person with Disabilities

In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a person with disabilities. Plaintiff Luis Castro-Ramirez’s son was in need of a kidney transplant, required … Continue Reading

The California Supreme Court Finally Weighs In on Suitable Seating

On April 4, 2016, the California Supreme Court took a stand by issuing a long-awaited opinion in Kirby v. CVS Pharmacy, Inc.  The decision clarifies certain ambiguities in an employer’s obligation to provide suitable seating to employees.  At issue was a provision in California’s Wage Orders that requires employers to provide all employees “with suitable … Continue Reading

Governor Brown Raises the Minimum Wage to $15.00 per Hour, Despite Strong Employer Opposition

California’s unfriendly business environment took another unprecedented step this week, with Governor Jerry Brown raising the minimum wage to $15.00 per hour by 2022.  Governor Brown signed SB 3 into law on April 4, 2016.  The new law annually increases the state minimum wage starting January 2017.  California’s minimum wage currently is $10.00 per hour.  … Continue Reading

Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws

California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016, although its provisions will not be implemented until July 1, 2016. The … Continue Reading

State Budget Proposal Seeks to Reduce PAGA Litigation Through Increased State Oversight

On January 7, 2016, Governor Brown’s office submitted a 22-page Budget Change Proposal for 2016-2017 (http://web1a.esd.dof.ca.gov/Documents/bcp/1617/FY1617_ORG7350_BCP474.pdf) in an effort to “stabilize and improve the handling of Private Attorneys General Act cases.” Background Enacted in 2003, the Private Attorneys General Act (PAGA) enables private parties to recover penalties for certain Labor Code violations that could previously … Continue Reading

Reasonable Data Security Defined by California AG

Last week, California Attorney General, Kamala D. Harris – who has been mentioned as a potential nominee to fill Justice Antonin Scalia’s recently vacated seat on the U.S. Supreme Court – issued the California Data Breach Report (Report).  The Report provides an analysis of the data breaches reported to the California AG from 2012-2015. The … Continue Reading

What California Retail Employers Need to Know About Accommodating Pregnancy

Navigating the California laws on discrimination and accommodation of pregnant employees is a significant challenge for retail employers. The Golden State’s protections for pregnant employees are many and they differ from those of federal law and of other states. Pregnancy Disability Leave Law Under the Pregnancy Disability Leave Law, which applies to employers with at … Continue Reading

California Court of Appeal Affirms Expense Reimbursement Award to Misclassified Employees

Four drivers who transported cargo from the Ports of Long Beach and Los Angeles were misclassified as independent contractors and subjected to illegal paycheck deductions, a California Court of Appeal has held.  Garcia et al. v. Seacon Logix, Inc., No. B248227 (July 16, 2015) (unpublished).  This case reiterates a simple, yet important principle of employment … Continue Reading

You’re Invited: The California Workplace Law Breakfast Series End of Year Update

Employers with operations in California – from established corporations to emerging and startup companies – face unique challenges. California law often sets the national trend with employment law developments predating changes across the country. Our biannual breakfast series consists of interactive seminars offered throughout the Golden State aimed at helping participants learn about the latest … Continue Reading

Cheerleaders in California Have Something to Cheer About!

On July 15, Governor Jerry Brown signed into law AB 202, which requires California-based minor or major league sport teams in certain sports to treat cheerleaders as employees, not independent contractors. AB 202 defined California-based sport team as either a minor- or major-league-level team in the sport of baseball, basketball, football, ice hockey, or soccer. … Continue Reading

Amendments to California Paid Sick Leave Law Effective

Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015. Key provisions of the Amendment affect calculation of the rate of pay, method of accrual of paid … Continue Reading

Spreading Eastward? A controversial new measure in San Francisco will impose new regulatory burdens on retailers there. But its supporters say it—and similar measures being debated elsewhere—are good for employees and for business.

Originally posted by Human Resource Executive, the premier publication focused on strategic issues in HR. To view the original post, please click here. A new set of ordinances that restrict San Francisco retailers in how they manage the scheduling and staffing of their establishments is about to go into effect—and experts say retailers in other … Continue Reading
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