Arbitration Agreements

California Court of Appeal Stresses the Difference Between Substantive and Procedural Unconscionability for Arbitration AgreementsCalifornia Courts Provide Employers More Reasons to Review Their Arbitration AgreementsThe “I Do Not Recall Signing” Defense to Arbitration Agreements Ruled Out by California Court of Appeal

California

Back to FAST Recovery: Business and Labor Reach AgreementCalifornia Revives Industrial Wage CommissionPost It Up – California’s Employer Posting Requirements

California Supreme Court

California Supreme Court Cases Employers Should be Watching in 2023

CalOSHA

Cal/OSHA Standards Board Approves Promulgating an ETS for Silica ExposureCDPH Updates Definition of COVID-19 OutbreakEmployer Summer Prep Should Include Reviewing Your Heat Illness Prevention Plan

Class Actions

California Supreme Court Holds No Privity Between Hospital and Staffing Agency to Allow Claim PreclusionNinth Circuit Asks California Supreme Court: Is Absence of a Formal Meal and Rest Break Policy a Violation of California Law?Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion

Disability and Leave

It’s PSL Season—Not Pumpkin Spice Latte but Paid Sick LeaveEmployee Leave Entitlements 101: School-Related RequestsCalifornia State Grant Program for COVID-19 Supplemental Paid Sick Leave

Discrimination

California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation ClaimsPatchwork of Pay Transparency Laws Continues to EvolveCalifornia Announces Pay Data Reporting Portal Will Open by February 15, 2021

Diversity

California Courts Have Found Two Statutes Requiring Diversity in the Makeup of Public Company Boards of Directors UnconstitutionalCalifornia Superior Court Finds AB 979 is UnconstitutionalChallenges to California’s Board Diversity Statutes

Employee Benefits

Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2023California Passes Legislation to Expand Mandated Retirement PlansDon’t Forget About Mandated Retirement Plans for California Employers

Employment Contracts

California Enacts Legislation to Support State’s Prohibitions on Employee Restrictive CovenantsProposed California Bill Would Give Minor League Baseball Players More Control Over Their Name, Image & LikenessCalifornia Court of Appeal Upholds Enforcement of Non-Solicitation Covenant Based on the Statutory Exception for Transferring Ownership of a Business Interest

Federal Arbitration Act

Class Action Waivers Remain Inapplicable to PAGA ClaimsCalifornia Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment ContractsCalifornia Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds

FEHA

Pending Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”Who Are Veterans under California’s FEHA?New Legislation Makes Procedural Changes to DFEH Enforcement and Expands Employer Record Retention Requirements

General

Ask A Litigator: What Should Be In An Employee’s Personnel File?California Announces Pay Data Reporting Portal Will Open by February 15, 2021Elections, Political Protests, and the Workplace

Harassment

Understanding Compliance with California’s Sexual Harassment Prevention Training RequirementsCalifornia Supreme Court Holds Statute of Limitations on Failure to Promote Claims Runs When Employee Knows or Reasonably Should Know They Were Denied PromotionThe Basics of Handling Workplace Complaints

Hiring and Background Checks

California Civil Rights Council Modifies Regulations Pertaining to Background ChecksPre-Employment Drug Testing Not Compensable Under California Law Holds Ninth CircuitNew Bill May Reduce Delay in Background Checks

Immigration

Judge Strikes Down Administration Rules Restricting Employers’ Use of VisasFederal 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 RecordsFair Employment Housing Commissions Publishes New National Origin Discrimination Regulations; Limits “English-Only” Rules and Expands Protections for Immigration Status

Labor Code

California Passes Legislation Regarding Job Performance Quotas for Large Warehouse FacilitiesCalifornia Supreme Court Agrees to Answer Question About Employment RetaliationGovernor Signs Legislation Extending Period to File a Discrimination or Retaliation Complaint with California Division of Labor Standards Enforcement - Labor Commissioner

Labor Law and Unions

FAST Recovery Act Signed by California’s GovernorCalifornia Passes Legislation Requiring Continued Health Benefits for Striking Public EmployeesHome Health Care Trade Associations Denied Injunction against AB 2455

Legal Articles

California Supreme Court Cases Employers Should Be Watching in 2022Ask A Litigator: What Can Be Included in a Settlement Agreement?Worker Misclassification Risk? Top 10 Questions to Ask about Your Independent Contractors

Local Ordinance

City of Los Angeles Freelance Worker Protections OrdinanceCity of Los Angeles Issues Rules & Regulations for Retail Fair Workweek OrdinanceSan Francisco Employers, Do You Need to Submit an Employer Annual Report Form by May 1st?

Non-Competes + Unfair Competition

California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State RightsCalifornia Court Rules On Protections Against Contracts: Why You Should Review Your Form Agreements Today

PAGA

PAGA Standing At Issue In California Supreme Court Oral ArgumentCalifornia Court of Appeal Upholds Construction Industry CBA Exemption from PAGAU.S. Supreme Court Denies Petition for Rehearing in Viking River Cruises, Inc. v. Moriana

Paid Sick Leave

It’s PSL Season—Not Pumpkin Spice Latte but Paid Sick LeaveCalifornia State Grant Program for COVID-19 Supplemental Paid Sick LeaveWhat Does 2023 Hold for California COVID-19 Supplemental Paid Sick Leave?

Privacy, Social Media and Technology

California Tightens Rules on Vehicle Tracking, Fleet ManagementAmendment to CMIA Regarding Mental Health and Mental Health AppsCalifornia Consumer Privacy Act FAQs: Employment Information

Public Sector

California Teacher Tenure Laws Upheld by Appellate CourtPublic Sector Union Fees Continue to Hang in the Balance With Scalia’s PassingPublic School Students Sue California; Court Rules Fundamental Right to “Quality of Education”

Terminations

California Passes New Requirements for Call Center EmployersCalifornia Has Its Own Flavor of WARN Requirements That Employers Should Be Aware OfCalifornia Court of Appeal Provides Potential Guidance for Right of Recall Ordinances

Uncategorized

California Clarifies Pay Transparency Rules: What Employers Need to KnowTop 10 Most Popular Posts of 2022 for the California Workplace Law BlogCalifornia Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

Wage and Hour

State of California Certifies State Minimum Wage for 2024      Reminder About California’s Warehouse Quota LawCalifornia Local Minimum Wages Increasing on July 1

Workplace Safety

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for EmployersCalifornia Department of Public Health Updates Definition of Close ContactCalifornia Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency Conditions

Workplace Training

New Law Mandates Training for Human Resources Employees and Others Pertaining to Child Abuse and NeglectGovernor Signs Law Amending Requirements for Harassment Training Requirements for Minors Working in EntertainmentDoes Your Sexual Harassment Training Video or Instructor Make Participants Bored or Sleepy?