Insight & Commentary on California Workplace Law Issues & Developments
2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims.
Here are some of the cases currently pending before the state’s high court that employers should be watching and what they mean for employment law in the Golden State.…
Governor Newsom signed Senate Bill 331 (SB 331), which further limits the use of non-disclosure agreements (NDAs) and settlement agreement terms when settling employment legal claims involving harassment, discrimination, or retaliation.
Before the passage of SB 331, California’s restriction was limited to sex-related claims. Specifically, since 2019 when SB 820 went into effect, California law…
While many employers may be familiar with the requirement to provide harassment training, including training regarding the handling of internal complaints, what to do when a complaint is received may be less clear.
Fortunately, the Department of Fair Employment and Housing (DFEH) has a harassment prevention guide for California employers.
The DFEH’s guide provides…
On September 11, 2020, Governor Newsom signed Assembly Bill 2143 (“AB 2143”), which adds further nuances to last year’s AB 749 regarding no-rehire clauses in settlement agreements. AB 749 was part of the #MeToo inspired legislation, which prohibited no-rehire clauses in settlement agreements regarding employment disputes. Prior to AB 749, it was common for…
As campaign season heats up and political protests continue on top of an already stressed workforce, most employers seek to maintain a harmonious work environment. While perhaps tempting to regulate employee behavior to keep politics out of the workplace, employers should tread carefully.
Under California’s discrimination laws, political affiliation is not a protected classification. On…
The California Court of Appeal, in its recent decision in Schmidt, et al. v. Superior Court, County of Ventura 2020 Cal. App. LEXIS 54 (January 22, 2020), affirmed the trial court’s ruling in favor of the employer, the Ventura County Superior Court.
Two court employees alleged that a security guard employed by a private company…
Beginning January 1, 2020, agreements to settle employment disputes may no longer contain “no rehire” provisions, as California passes additional legislation spurred on by the #MeToo movement. California joins Vermont and Oregon as the first states to prohibit “no rehire” provisions in employment settlement agreements.
“No rehire” provisions typically state that a former employee will…
To ensure your business complies with the law and gets a dose of wellness, Jackson Lewis attorney Pamela Palpallatoc, RYT 200, and certified OfficeYogaTM instructor provides sexual harassment training integrated with yoga stretching, breathing and meditation. Yoga mats, fancy yoga pants, and sweating are all optional. Pamela has experience teaching in workplaces, where…
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…
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
