UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today.
What are the main takeaways from the proposed legislation?
To...more
7/5/2024
/ California ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Law Violations ,
Labor Reform ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more
On May 22, 2023, the California Supreme Court released an opinion finding that California’s whistleblower protection statute (Labor Code section 1102.5(b)) applies when an employee “blows the whistle” on activity that is...more
Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...more
5/19/2023
/ Coronavirus/COVID-19 ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
USCIS
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
In a 6-3 decision issued today, the United States Supreme Court held that a former employee of an offshore oil rig, who earned more than $200,000 a year, was eligible for overtime pay under the Fair Labor Standards Act...more
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements.
Individual PAGA Claims Are...more
The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. A redline of the recently expired Cal/OSHA ETS and the newest Cal/OSHA ETS is available HERE. The newest...more
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became...more
12/17/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Newsom ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
State Labor Laws ,
Workplace Safety
Ethical behavior is vital to a business’s reputation with both the public and its workforce, and society is paying close attention to how businesses and individuals respond to the many issues that affect our daily lives. It...more
On Oct. 20, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new effort to identify and correct violations of the Fair Chance Act, which seeks to reduce barriers to employment for individuals...more
On Oct. 7, 2021, Governor Newsom signed into law SB 331, or the “Silenced No More Act,” which updates existing laws to place new restrictions on nondisclosure and non-disparagement provisions in agreements with employees and...more
On Sept. 22, 2021, Governor Newsom signed AB 701, aimed at regulating quotas in warehouse distribution centers, into law. Here is what employers need to know....more
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more
A California Court of Appeal has held – for the first time – that “trial courts have inherent authority to ensure that PAGA [Private Attorneys General Act] claims will be manageable at trial, and to strike such claims if they...more
Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers...more
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these...more
In the coming weeks and months, COVID-19 vaccines will be distributed around the United States. Employers will have questions about vaccination procedures, such as whether they may require employees to be vaccinated, what...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more
11/12/2020
/ Amended Legislation ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Extraterritoriality Rules ,
Hiring & Firing ,
Independent Contractors ,
Infectious Diseases ,
Job Applicants ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Reporting Requirements ,
Salary/Wage History ,
Security Checks ,
State Labor Laws ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour ,
Webinars