Arbitration Agreements

Ninth Circuit Defers Decision on Petition for Rehearing Regarding AB 51Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid ArbitrationNinth Circuit Upholds Arbitration for Non-Signatory Defendant

California

California Wage Orders, What Are They & Why Employers Should CareCalifornia Legislature Gives the FAST Recovery Act a Second ChanceA Review of Changes in California Workplace Law in 2021

CalOSHA

Governor Rolls Back California COVID-19 Executive Orders & Cal/OSHA Releases Draft Permanent COVID-19 StandardCal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?Beat the Heat and Citations – Review Your California Heat Illness Prevention Plan and Procedures

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

Mandatory Bereavement Leave Again Being Considered by the California LegislatureSan Francisco Passes Amendments to Family Friendly Workplace OrdinanceSan Francisco OLSE Updates Guidance regarding Paid Sick Leave and COVID-19

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

California Passes Legislation Requiring Continued Health Benefits for Striking Public EmployeesHome Health Care Trade Associations Denied Injunction against AB 2455New California Law Allows Sharing of Home Care Aides’ Contact Information with Unions on Demand

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

Exclusive Concurrent Jurisdiction Applies to Overlapping PAGA ActionsU.S. Supreme Court Hears Oral Arguments on Waiver of PAGA Claims in Arbitration Agreements9th Circuit Rejects PAGA Objector’s Appeal

Paid Sick Leave

San Francisco OLSE Updates Guidance regarding Paid Sick Leave and COVID-19DLSE Publishes FAQ Page for 2022 COVID-19 Supplemental Paid Sick LeaveDLSE Publishes Model Notice for 2022 COVID-19 Supplemental Paid Sick Leave

Privacy, Social Media and Technology

California Privacy Protection Agency Board Takes Steps Toward First Official RulemakingDraft Regulations in California Would Curb Use of AI, Automated Decision Systems in EmploymentCalifornia Expands Privacy and Security Requirements for Genetic Data

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 Has Its Own Flavor of WARN Requirements That Employers Should Be Aware OfCalifornia Court of Appeal Provides Potential Guidance for Right of Recall OrdinancesCity of Los Angeles Enacts COVID-19 Related Worker Retention and Right of Recall Ordinances

Uncategorized

Reminders Regarding Remote Employees in CaliforniaWest Hollywood Passes Ordinance Expanding Hotel Worker ProtectionRequests to Know under the CCPA: Practical Compliance Tips

Wage and Hour

Reminder Regarding California Expense Reimbursement & IRS Increase of Its Mileage RateLocal Minimum Wages Set to Increase July 1California Supreme Court Rules Additional Penalties May Be Recoverable for Meal & Rest Period Violations

Workplace Safety

California Legislature Considers Employer Vaccine MandateCalifornia Changes Mask Guidance for Public Settings and WorkplacesStatewide Universal Masking Expires February 15th but Employers Need to Consider Local and Cal/OSHA Requirements

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?