Arbitration Agreements

California Supreme Court Accepts Invitation to Weigh In on Employment Arbitration Agreements & PAGANinth Circuit Defers Decision on Petition for Rehearing Regarding AB 51Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration

California

Register Now for the California Workplace Law Breakfast SeriesCalifornia's Governor Signs Several New Employment Bills on September 29thHigh Times Ahead for Employers in California

CalOSHA

It’s Not a Set Up: Enhanced Workplace Safety Training Requirements for Live Events at Public VenuesCal/OSHA Mandated to Update Heat Illness and Wildfire Smoke StandardCal/OSHA Releases Guidance for Monkeypox

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

San Francisco’s OLSE Issues FAQs for Public Health Emergency Leave OrdinanceCalifornia Revises Formula for Paid Family Leave and State Disability Insurance Benefits to Assist Lower Wage EarnersCalifornia Expands Who an Employee Can Care for Under the CFRA and California Paid Sick Leave Law

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

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

Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth CircuitNew Bill May Reduce Delay in Background ChecksCalifornia’s Department of Fair Employment and Housing Pushes Enforcement of Fair Chance Act

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

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

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGAU.S. Supreme Court Denies Petition for Rehearing in Viking River Cruises, Inc. v. MorianaProposition to Repeal PAGA Approved for November 2024 Ballot

Paid Sick Leave

Look Who’s Back? California COVID-19 Supplemental Paid Sick Leave Extended Until Year End with Potential GrantsSan Francisco OLSE Updates Guidance regarding Paid Sick Leave and COVID-19DLSE Publishes FAQ Page for 2022 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 Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency ConditionsReminders Regarding Remote Employees in CaliforniaWest Hollywood Passes Ordinance Expanding Hotel Worker Protection

Wage and Hour

Computer Software Employees and Physicians Overtime Exemption Rates for 2023Ninth Circuit Holds California’s ABC Test for Classifying Independent Contractors Does Not Violate First AmendmentCalifornia Expands Pay Transparency and Reporting Obligations

Workplace Safety

California Department of Public Health Updates Definition of Close ContactCalifornia Prohibits Retaliation Against Employees for Refusal to Report to Work During Emergency ConditionsCOVID-19 Employee Notice Requirements Revamped and Extended Until 2024

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?