First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more
10/15/2019
/ Amended Legislation ,
Arbitration ,
Arbitration Fees ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Delays ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Deadlines ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Privacy Laws ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
When it comes to paying your arbitration fees in whole and on time, the stakes for California employers just got more serious. Under legislation just signed by Governor Newsom, a drafting party that fails to pay arbitration...more
• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration ,
Preemption ,
Private Right of Action ,
State Labor Laws
Governor Gavin Newsom just signed into law two amendments to the California Consumer Privacy Act (CCPA) that will have a direct impact on employers doing business in the state. The new amendments, signed on October 11, 2019...more
10/14/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Exemptions ,
Governor Newsom ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
State Data Breach Notification Statutes
A big focus of the #MeToo movement over the last several years has been on efforts to increase the statute of limitations for bringing sexual harassment claims. Governor Newsom just signed into law Assembly Bill 9 (Reyes),...more
10/11/2019
/ Bias ,
DFEH ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Filing Deadlines ,
Governor Brown ,
Governor Newsom ,
Governor Vetoes ,
New Legislation ,
Retroactivity ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Following San Francisco’s lead, California will soon significantly expand the obligation of most employers to provide break time and a location to express breast milk. The new law, just signed into effect by Governor Newsom...more
10/11/2019
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Governor Newsom ,
Lactation Accommodation ,
New Legislation ,
Parental Leave ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
State Labor Laws
It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more
9/23/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour
As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the...more
8/21/2019
/ ABC Test ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Reporting ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Newsom ,
Independent Contractors ,
Joint Liability ,
Lactation Accommodation ,
Legislative Agendas ,
Local Ordinance ,
Mandatory Arbitration ,
Pending Legislation ,
Proposed Legislation ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unemployment Benefits
It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more
7/12/2019
/ ABC Test ,
CA Supreme Court ,
Carve Out Provisions ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
Governor Newsom recently signed legislation to provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also includes discrimination based on hair texture and protective...more
7/8/2019
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Hairstyle Discrimination ,
New Legislation ,
Race Discrimination ,
State Labor Laws
It’s been a busy week on the Dynamex front, and the news for businesses continues to get worse. As we recently discussed, the 9th Circuit held just last week that Dynamex and the ABC test should be applied retroactively. The...more
February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more
2/27/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Legislation ,
Proposed Regulation ,
Reasonable Accommodation ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
For several years now, we’ve been alerting employers about the dangers of phishing scams that attempt to obtain private and personal information from employers... Many of these scams rear their ugly head around tax season,...more
1/29/2019
/ Best Practices ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Email ,
Employer Liability Issues ,
Hackers ,
Human Resources Professionals ,
Information Technology ,
IRS ,
Phishing Scams ,
Policies and Procedures ,
Popular ,
Risk Management ,
Risk Mitigation ,
State Data Breach Notification Statutes ,
Tax Fraud ,
Technology Sector ,
W-2
As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more
10/31/2018
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactivity ,
Summary Judgment ,
Wage and Hour ,
Wage Orders
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
10/11/2018
/ #MeToo ,
Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Governor Brown ,
Hiring & Firing ,
Joint Employers ,
Lactation Accommodation ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Unions
This past Sunday (September 30) represented the deadline for Governor Brown’s final actions on legislative measures, and his final term as California’s governor will come to an end in a few short months.
A whopping 684...more
Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more
10/2/2018
/ #MeToo ,
Agricultural Workers ,
Arbitration Agreements ,
Attorney's Fees ,
Board of Directors ,
Breastfeeding ,
Bystander ,
Cal Code of Civil Procedure ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Construction Workers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Exempt-Employees ,
FEHA ,
Gender Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Trafficking ,
Joint and Several Liability ,
Joint Liability ,
Litigation Fees & Costs ,
Motor Carriers ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
OSHA ,
Ports ,
Privacy Laws ,
Private Attorneys General Act (PAGA) ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Record Retention ,
Rest and Meal Break ,
Section 998 ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Testimony ,
Third-Party Liability ,
Transportation Industry ,
Trucking Industry ,
Undue Hardship ,
Unions ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/17/2018
/ Anti-Discrimination Policies ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Background Checks ,
CA Supreme Court ,
Class Action ,
Collective Action Waivers ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Failed Legislation ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Freedom of Religion ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Baker ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Licenses ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
OFCCP ,
Opinion Letter ,
Opioid ,
Over-Time ,
Pay Gap ,
Pending Legislation ,
Portable Benefits ,
Restrictive Covenants ,
Ridesharing ,
Right to Work ,
Sexual Harassment ,
State Labor Laws ,
Union Dues ,
Unions ,
Wage and Hour ,
Workplace Injury
In the latest sign of an increased emphasis on harassment, the federal Equal Employment Opportunity Commission (EEOC) recently announced filing seven lawsuits against various employers charging them with harassment. Five of...more
In a case involving the potential overlap between the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA), the state’s high court ruled that employers must comply with...more
It’s been a nice summer recess as the California Legislature has been on break, with Members returning to their home districts. But that respite is about to end as the Legislature reconvenes on August 6. There will be a...more
8/2/2018
/ #MeToo ,
Corporate Counsel ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
NLRA ,
Non-Disclosure Agreement ,
OSHA ,
Reasonable Accommodation ,
Sexual Harassment ,
State Labor Laws ,
Volks Rule ,
Wage and Hour
As many of you will recall from last year, Governor Brown signed legislation to prevent employers from asking about or relying on salary history information when making hiring decisions. That legislation, Assembly Bill 168...more
Immigration has, and continues to be, a major flashpoint between California and the Trump administration. In 2017, the California legislature passed significant legislation (AB 450) impacting how California employers deal...more
7/9/2018
/ Consent ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Records ,
Federal v State Law Application ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Intergovernmental Agreements ,
New Legislation ,
Notice Requirements ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trump Administration ,
Undocumented Immigrants ,
Voluntary Disclosure ,
Workplace Investigations
Issues related to immigration status, national security policy, and country of origin continue to be a hot topic of animated discussion at the federal level. In the midst of this national debate, California has amended its...more
6/25/2018
/ Amended Regulation ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Employer Liability Issues ,
Employment Policies ,
English-Only Rules ,
FEHC ,
Hiring & Firing ,
Human Trafficking ,
Job Applicants ,
National Origin ,
National Origin Discrimination ,
Recruitment Policies ,
Undocumented Immigrants ,
Unfair Immigration-Related Practices
As we discussed in our last blog post, California employers received some rare good news in recent days. Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more
6/1/2018
/ Anti-Retaliation Provisions ,
Arbitration ,
Board of Directors ,
Breastfeeding ,
Confidentiality Agreements ,
Data Breach ,
Discrimination ,
DLSE ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Hospitality Industry ,
Hotels ,
Immigration Records ,
Liquidated Damages ,
Local Ordinance ,
Pay Data ,
Pending Legislation ,
Recordkeeping Requirements ,
Reporting Requirements ,
Salary/Wage History ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Trucking Industry ,
Unpaid Wages ,
Wage and Hour