In Arias v. Superior Court, 46 Cal. 4th 969 (2009), the California Supreme Court ruled that Private Attorneys General Act (PAGA) actions need not satisfy class action requirements, and in the fourteen years since, PAGA...more
As we previously reported in April 2022, the National Labor Relations Board (“NLRB” or “Board”) General Counsel, Jennifer Abruzzo, asked the Board to revive the Joy Silk doctrine (which was rejected in 1969) and require...more
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more
Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job...more
4/13/2023
/ Business Closures ,
California ,
Caregivers ,
Criminal Convictions ,
FEHA ,
Healthcare Workers ,
Labor Code ,
Layoffs ,
Minimum Wage ,
Notice Requirements ,
Sick Leave ,
State Labor Laws
In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a...more
As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United...more
On January 4, the Third Circuit affirmed the dismissal of a former bank executive’s whistleblower retaliation claims, holding that two procedural errors doomed his case: he sued before exhausting his administrative remedies;...more
On January 1, 2023, the IRS mileage rate increased to 65.5 cents per mile for driving done for business purposes. This is a three (3) cent increase from the rate set for the second half of 2022. According to the IRS, this...more
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices...more
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by...more
On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at...more
7/18/2022
/ California ,
City of Los Angeles ,
Employees ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Wage and Hour
In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, Inc. Previously, the Court of Appeal held that unpaid premium payments for meal...more
As discussed in our previous blog, on April 1, 2022, Los Angeles Superior Court Judge, Terry Green, granted summary judgment in favor of individuals represented by D.C.-based nonprofit Judicial Watch, declaring Assembly Bill...more
4/8/2022
/ Board of Directors ,
California ,
Constitutional Challenges ,
Corporate Governance ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Injunctions ,
New Legislation ,
Publicly-Traded Companies ,
Securities Regulation ,
State Constitutions ,
Woman Board Members
Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97....more
2/11/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021”), which would prohibit “mandatory arbitration”...more
2/10/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Collective Actions ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
Very few companies doing business in California missed the news recently that a San Francisco jury ordered Tesla, the electric car manufacturer, to pay $137 million to a Black former elevator operator who had worked at the...more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved...more
10/8/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Individual Mandate ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or...more
9/27/2021
/ Amazon Marketplace ,
Cause of Action Accrual ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Quotas ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that...more
A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more
9/9/2021
/ Compensatory Damages ,
Disability Discrimination ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Housing Discrimination ,
Lost Wages ,
Punitive Damages ,
Reasonable Accommodation ,
Regulatory Violations ,
Wrongful Termination
Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing. In an article in the Sacramento...more
8/24/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
FDA Approval ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Pfizer ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety