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

While the California courts were relatively quiet during 2020, the California Supreme Court has a few heavy-hitting employment cases pending for 2021.

Here are the cases employers should be watching in the new year and why.

Donohue v. AMN Services, LLC

AMN Services (“AMN”) used a computer-based timekeeping system, which required employees such as Plaintiff

On August 31st, the California legislature closed its 2019 – 2020 session with the Assembly and Senate passing over 35 employment-related bills. However, thus far, the only employment-related bill the Governor has signed is Assembly Bill 3364 (“AB 3364”). AB 3364, titled “Judiciary omnibus,” covers a myriad of items from the licensure of

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

Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.

In 2016, a majority of California voters approved Proposition 64, titled “The Control, Regulate and Tax Adult Use of Marijuana Act” (Prop 64). Prop 64 permits adults 21 years of

In an important step for California, Governor Gavin Newsom signed SB 188 into law on July 3, 2019. SB 188 or also known as, the CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” clarifies the definition of race for the workplace and educational institutions to include, but not limited to, hair texture

Is obesity a disability under California law? Are a supervisor’s alleged “fat remarks” sufficient evidence of disability discrimination?  On December 21, 2017, a California Appellate Court published an extensive decision regarding obesity as a disability under California law and issued further guidance on both counts.  To read the rest of this blog, please visit this

New California regulations declaring that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by” the California Fair Employment and Housing Act and that “[e]mployers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct” will go into effect on April 1, 2016.
Continue Reading New California Regulations on Workplace Anti-Harassment, Anti-Discrimination Policies Effective April 1

The California Court of Appeal reversed a $1 million judgment against the City of Los Angeles in a racial discrimination, harassment and retaliation case brought by a firefighter under the California Fair Employment and Housing Act. Jumaane v. City of Los Angeles. After 12 years of litigation and two jury trials, the Court ruled that the firefighter’s claims occurred outside the one-year statute of limitations period and that the “continuing violation” exception to the statute of limitations did not apply.
Continue Reading Reversing $1 Million Judgment against Los Angeles, the California Court of Appeals Ruled Continuing Violation Doctrine did not apply to Firefighter’s Decades-Old Race Discrimination and Harassment Claims

Effective January 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons is considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (“FEHA”).

Continue Reading An Employee’s Request for a Disability or Religious Accommodation Is Considered Protected Activity Under Change to the Fair Employment and Housing Act