2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
Governor Gavin Newsom recently signed a slew of new bills into law at the close of California’s legislative season. Below is a summary of the new employment laws, all of which take effect on January 1, 2022....more
11/10/2021
/ California ,
California Family Rights Act (CFRA) ,
Classification ,
Employee Retention ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Governor Newsom ,
Independent Contractors ,
Legislative Agendas ,
New Legislation ,
Non-Disclosure Agreement ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Wage Theft ,
Workplace Safety
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued its long-awaited ruling on the appeal of a California trial court’s injunction that prohibited the State of California from enforcing AB 51,...more
9/21/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
California ,
Employees ,
Employer Liability Issues ,
Fair Employment Practices Act ,
Federal Arbitration Act ,
Injunctions ,
Labor Code ,
New Legislation ,
State Labor Laws
Arbitration Agreements: Potential for a Reprieve from AB 51 -
As we reported last year, the California Legislature passed AB 51 in an effort to prohibit employers from requiring employees to arbitrate claims under the...more
2/25/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
New Legislation ,
Preliminary Injunctions ,
Security Checks ,
State Labor Laws ,
Wage and Hour
U.S. District Judge Kimberly Mueller, in Sacramento on December 30, 2019, issued a temporary restraining order (TRO) blocking the state of California from enforcing AB 51, and on January 10 extended the TRO until January 31,...more
1/16/2020
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employment Contract ,
Federal Arbitration Act ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State Labor Laws ,
TRO
California Gov. Gavin Newsom on Oct. 10 signed into law Assembly Bill 51. The new law, which goes into effect on Jan. 1, 2020, outlaws forced arbitration of a significant majority of claims employees and former employees can...more
11/1/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Labor Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Supremacy Clause
California Governor Gavin Newsom on Aug. 30 signed into law a bill that extends the deadline for small businesses (five or more employees) to conduct harassment prevention training for both supervisory and non-supervisory...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
8/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Attorney's Fees ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Protected Class ,
Punitive Damages ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
Washington is the latest state to shake up the non-competition landscape. Last month, Gov. Jay Inslee signed into law a bill that significantly limits post-employment/post-service non-compete agreements. Washington now joins...more
In a continuing effort to combat pay discrimination, Governor Jerry Brown recently signed AB 168 into law. Beginning January 1, 2018, all California employers are prohibited from seeking, by any means, salary history from an...more
10/23/2017
/ Compensation & Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
California Legislative and Agency Update -
Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more
8/18/2017
/ Breastfeeding ,
Day of Rest Laws ,
Department of Labor (DOL) ,
DFEH ,
Domestic Violence ,
Employment Litigation ,
FEHA ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Legislative Agendas ,
LGBTQ ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Paid Family Leave Law ,
Private Attorneys General Act (PAGA) ,
Transgender ,
Wage and Hour ,
Workplace Harassment Guidance
Governor Brown recently signed into state law the following employment law bills (among others):
SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay differential between male and...more
Legislative Update -
Governor Brown recently signed into state law the following employment law bills (among others):
SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
10/26/2015
/ Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Background Checks ,
Chipotle Grill ,
Class Action ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Federal Arbitration Act ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Code ,
Misclassification ,
Motion to Compel ,
New Legislation ,
Over-Time ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Remand ,
Retaliation ,
SCOTUS ,
Substantially Similar ,
Title VII ,
Transgender ,
Void and Unenforceable ,
Wage and Hour ,
Wage Statements ,
Waivers ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
In addition to AB 465, California employers should watch for Governor Jerry Brown’s actions as to the following employment-related bills:
SB 358: The California Fair Pay Act is directed at closing the pay differential...more
In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will make pre-employment mandatory agreements to arbitrate Labor Code violations against California public policy...more
New Laws Affecting California Employers -
The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including:
Private arbitration companies must provide...more
10/23/2014
/ American Arbitration Association ,
Arbitration ,
Arbitrators ,
Bank Holding Company ,
Customer Lists ,
Discrimination ,
Employer Liability Issues ,
Harassment ,
Joint Employers ,
LinkedIn ,
New Legislation ,
Reporting Requirements ,
Retaliation ,
Sexual Harassment ,
Subsidiaries ,
Trade Secrets ,
Training ,
Unpaid Interns ,
Whistleblowers ,
Workplace Bullying
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large or small, to provide employees paid sick leave (with limited...more
California Becomes Second State to Mandate Paid Sick Leave -
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more