Topics

Arbitration Agreements

Prejudice Not Required: California Supreme Court Eases Standard for Waiving Arbitration RightsCalifornia Supreme Court Clarifies Discovery Limitations and Severability in Arbitration AgreementsCalifornia Court of Appeal Holds California’s Law Regarding Payment of Arbitration Fees Preempted by FAA

California

California’s Governor Signed Several New Employment LawsSenate Bill 1340: Governor Signs Bills Mandating Greater Administrative Collaboration on the Enforcement of Workplace Discrimination LawsAssembly Bill 3234: New Requirements for Employers Conducting Social Compliance Audits

California Supreme Court

California Supreme Court Cases Employers Should Watch in 2024California Supreme Court Cases Employers Should be Watching in 2023

CalOSHA

Assembly Bill 2975: California Passes Amendments to Healthcare Workplace Violence Prevention RequirementsSenate Bill 1350: Your Hearth is Cal/OSHA’s New Home: The Agency’s Jurisdiction Expands to Include Household Domestic ServicesReminder: Public Comment on Cal/OSHA’s Proposed Workplace Violence Prevention Regulations due September 3rd

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

READY TO “GET OUT THE VOTE?” Reminders About California Voting Leave for This Election SeasonAssembly Bill 2123: Changes in Managing Employee Leave under Paid Family LeaveAssembly Bill 2499: California Amends Jury, Court, and Victim Time Off Provisions

Discrimination

Senate Bill 1137: California Amends Law to Clarify Protection for Combinations of Protected CharacteristicsAssembly Bill 1815: Amendments to The CROWN Act Signed by Governor NewsomCivil Rights Department Publishes Updated “California Law Prohibits Workplace Discrimination and Harassment” Poster

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 2024Updated Rates for California EDD Benefits and San Francisco Paid Parental Leave Ordinance for 2023California Passes Legislation to Expand Mandated Retirement Plans

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

The Civil Rights Department’s Upcoming Regulation Updates on Automated Decision MakingPending Legislation Would Expand Reasonable Accommodations to Employees and Applicants for “Family Responsibilities”Who Are Veterans under California’s FEHA?

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

Mandatory Sexual Harassment Prevention Training for Janitorial Services Employers ResumedUnderstanding 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 Promotion

Hiring and Background Checks

San Diego County Enacts Fair Chance Ordinance for Unincorporated Areas of the CountySenate Bill 1100: New California Law Restricts Driver’s License Requirements in Job PostingsLos Angeles County Passes Fair Chance Ordinance That Applies to Unincorporated Areas of the County

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 Supreme Court Holds Public Employers Exempt from Labor Code and PAGACalifornia Passes Legislation Regarding Job Performance Quotas for Large Warehouse FacilitiesCalifornia Supreme Court Agrees to Answer Question About Employment Retaliation

Labor Law and Unions

Senate Bill 399: Governor Newsom Signs Law To Curtail Employer Mandatory Meetings With Employees During Union OrganizingFAST Recovery Act Signed by California’s GovernorCalifornia Passes Legislation Requiring Continued Health Benefits for Striking Public Employees

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

Local Ordinances California Hospitality Employers Need to KnowReminder: San Francisco Employer Annual Reporting Form Due May 32024 Will Bring Anaheim’s Hotel Worker Protection Ordinance

Non-Competes + Unfair Competition

Reminder to Treat Your Valentine and Provide Notice to Employees of Non-Competes by February 14, 2024California 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

New California PAGA FAQAssembly Bill 1034: Construction Industry PAGA Exemption Extended Until 2038PAGA Reform Is Coming!

Paid Sick Leave

Senate Bill 1105: California Passes Expanded Use of Paid Sick Leave for Agricultural EmployeesThe City of San Diego Releases Guidance on Compliance with State and Local Paid Sick LeaveCalifornia Labor Commissioner Publishes Updated FAQ for California 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 Supreme Court Clarifies Discovery Limitations and Severability in Arbitration AgreementsCalifornia Clarifies Pay Transparency Rules: What Employers Need to KnowTop 10 Most Popular Posts of 2022 for the California Workplace Law Blog

Wage and Hour

California Votes No On Proposition 32 But Minimum Wage Increases Still ComingOvertime Exemption Rates for Computer Software Employees and Physicians in 2025California Health Care Minimum Wage Is Back

Workplace Safety

Cal/OSHA Publishes FAQs for New Workplace Violence Prevention LawReminder to Post 2023 Annual Summary of Work-Related Injuries and Illness in FebruaryCalifornia Department of Public Health Updates COVID-19 Isolation Guidance

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?