Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the...more
Executive Summary: Beginning January 1, 2024, restaurant employers in California will be required to pay their workers for all costs associated with obtaining a food handler card, including treating the time spent obtaining...more
Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more
10/16/2023
/ California ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Food Service Workers ,
Labor Reform ,
Minimum Wage ,
Recreational Use ,
Rest and Meal Break ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workplace Violence
Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees’ leave care rights;...more
10/7/2022
/ California ,
California Family Rights Act (CFRA) ,
California Privacy Rights Act (CPRA) ,
Employees ,
Employer Liability Issues ,
FEHA ,
Labor Reform ,
Marijuana ,
New Legislation ,
Off-Duty Employees ,
Pay Transparency ,
Recreational Use ,
Regulatory Requirements ,
State Labor Laws ,
Wage and Hour
Executive Summary: Recently, the California appellate court provided guidance on how employers may comply with the Golden State’s workplace seating requirement. While the court found that the inquiry is fact-intensive and...more
In a brief one-line order, the U.S. Supreme Court denied the California Trucking Association’s petition to review a lower court ruling holding that federal law does not preempt California’s independent contractor law. The...more
7/5/2022
/ ABC Test ,
Commercial Truck Drivers ,
Denial of Certiorari ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal v State Law Application ,
Gig Economy ,
Independent Contractors ,
Judicial Review ,
Preemption ,
State Labor Laws ,
Trucking Industry
Executive Summary: In a stunning 8-1 decision that is expected to reverberate throughout the entire California business community, the United States Supreme Court on June 15, 2022 held that a state court ruling, which...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Previously, we discussed the likelihood of California implementing procedures to reactivate Senate Bill (“SB”) 95 or 2021 COVID-19 Supplemental Paid Sick Leave (CSPSL) which expired on September 30, 2021....more
2/16/2022
/ California ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Sick Employees ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
On January 25, 2022, California Governor Gavin Newsom and state legislatures announced plans to reactivate the expired COVID-19 Supplemental Paid Sick Leave (CSPSL) applying to employers with 26 or more employees, which we...more
The Ninth Circuit created a judicial “tremor” on Wednesday, September 15, 2021, when it issued a ruling partially tossing out a District Judge's Order blocking enforcement of a California law barring employers from requiring...more
On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not...more
On April 16, 2021, California Governor Gavin Newsom signed Senate Bill No. 93 (SB 93) – a “rehiring and retention” law. SB 93 creates new Labor Code section 2810.8, which requires certain hospitality businesses to rehire...more
4/21/2021
/ Coronavirus/COVID-19 ,
DLSE ,
Employee Retention ,
Furloughs ,
Hiring & Firing ,
Hospitality Industry ,
Infectious Diseases ,
Labor Regulations ,
Layoffs ,
New Legislation ,
Regulatory Agenda ,
Right of Recall ,
State and Local Government ,
State Labor Laws
As discussed in our March 24, 2021 Alert, California Governor Gavin Newsom has signed Senate Bill No. 95 (SB 95) which retroactively extends and expands COVID-19 supplemental paid sick leave (CSPSL) through September 30,...more
3/26/2021
/ Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Notice Requirements ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill No. 95 (SB 95) which retroactively extends and expands COVID-19 supplemental paid sick leave (CSPSL) through September 30, 2021. ...more
While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more
3/15/2021
/ Airline Employees ,
Airlines ,
Aviation Industry ,
Class Action ,
Delta Airlines ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Labor Regulations ,
Non-Residents ,
Over-Time ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
United Airlines ,
Wage and Hour
As part of his worker protection package, California Governor Gavin Newsom signed on September 17, 2020, Assembly Bill 685 (AB 685), which authorizes the Division of Occupational Safety and Health (“Cal OSHA” or “division”)...more
9/23/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Newsom ,
Infectious Diseases ,
Labor Code ,
Occupational Exposure ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption...more
9/23/2020
/ Coronavirus/COVID-19 ,
Disability Benefits ,
Employer Responsibilities ,
Executive Orders ,
Governor Newsom ,
Labor Reform ,
Occupational Exposure ,
Rebuttable Presumptions ,
Regulatory Requirements ,
Reporting Requirements ,
Sick Employees ,
State and Local Government ,
State Labor Laws ,
Workers' Compensation Claim ,
Workplace Safety
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1867 (AB 1867), which requires private entities with 500 or more employees to provide up to 80 hours of COVID-19-related supplemental paid...more
9/17/2020
/ Coronavirus/COVID-19 ,
Employee Rights ,
Families First Coronavirus Response Act (FFCRA) ,
Food Service Workers ,
Governor Newsom ,
Infectious Diseases ,
New Legislation ,
Paid Sick Leave ,
Restaurant Industry ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Executive Summary -
This week, the California Supreme Court issued two decisions, Ward v. United Airlines, Inc., Case No. S248702, and Oman v. Delta Air Lines, Inc., Case No. S248726, that will significantly impact...more
On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee)...more
3/12/2018
/ Bonuses ,
CA Supreme Court ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Payment Terms ,
Payroll Periods ,
State Labor Laws ,
Wage and Hour
California has passed a number of employment laws this year, including the expansion of baby bonding leave to small employers, prohibiting inquiries into an applicant’s salary history, and restricting the use of applicants’...more
10/18/2017
/ Ban the Box ,
Conditional Job Offers ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Parental Leave ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour