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Text of Major PAGA Reform Legislation Revealed

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

California Supreme Court Clarifies When Certain Pre- and Post-Shift Activities Qualify as “Hours Worked”

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

Employers Not Required to Prevent Spread of COVID to Employees’ Household, CA Court Holds

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

California Supreme Court Expands the Reach of State Whistleblower Protection Law

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

Agency Updates Employers Need to Know

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

Helping Employers Traverse the PAGA Jungle: Key Takeaways

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

High Earners May Still Qualify for Overtime, Supreme Court Rules

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

Employers May Require Arbitration Agreements as Condition of Employment, Federal Appeals Court Holds

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

California Court of Appeal Calls Time Rounding Into Question

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

It's Time to Update Employee Arbitration Agreements

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

Cal/OSHA ETS: Newest Version Effective Today

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

Five New Laws to Know Before They Take Effect On Jan. 1, 2022

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

Ethics in the Workplace – Understanding and Implementing an Ethical Approach to Decision-Making

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

DFEH Launches Tech-Based Effort to Enforce the California Fair Chance Act

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

California Enacts the “Silenced No More Act,” Placing New Restrictions on Settlement and Separation Agreements

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

California Passes Law Regulating Quotas in Warehouse Distribution Centers

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

Ninth Circuit Vacates Preliminary Injunction Against Enforcement of Mandatory Employment Arbitration Agreement Ban

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

California Courts Have Inherent Authority to Strike Unmanageable PAGA Claims

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

California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The “Regular Rate Of Pay”

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

OSHA Issues Guidance On Mitigating, Preventing Spread of COVID-19 in the Workplace

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

Does Your Employee Handbook Address the Latest New Laws? If Not, It May Be Time for an Upgrade

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

Traps on Mandatory Vaccination Rules in the Workplace

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

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