When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties?
Taking its second look at the case, the California Supreme Court ruled that an...more
6/28/2024
/ CA Supreme Court ,
California ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Good Faith ,
Labor Code ,
Labor Law Violations ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more
6/27/2024
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Congressional Authority ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
LGBTQ ,
Risk Management ,
Separation of Powers ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the “right to disconnect.”
...more
6/27/2024
/ California ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Off-Duty Employee Access ,
Off-Duty Employees ,
Proposed Legislation ,
Regulatory Agenda ,
Right to Disconnect ,
State Labor Laws ,
Wage and Hour
On Monday May 7, the California Supreme Court confirmed, in Naranjo v. Spectrum Securities Services, Inc., S279397.PDF (ca.gov), that penalties authorized under Labor Code Section 226 (“Section 226”) for “knowing and...more
5/8/2024
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Rest and Meal Break ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
On April 23, 2024, the Federal Trade Commission (FTC) voted to approve issuance of a Final Rule banning nearly all noncompete agreements nationwide. The Final Rule, a draft of which was released just one hour before it was...more
While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law....more
In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled...more
7/19/2023
/ Arbitration ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Standing ,
Viking River Cruises Inc v Moriana
The sudden closure of a bank can create a host of ripple effects. It is important that employers stay alert and vigilant in managing their employment practices when faced with liquidity concerns that inevitably arise from...more
On Thursday, April 21, 2022, the Standards Board of the California Division of Occupational Safety and Health (Cal/OSHA) adopted streamlined COVID-19 Emergency Temporary Standard (ETS) regulations after several months of...more
4/26/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On January 25, 2022, OSHA announced its decision to withdraw the vaccination, testing and face covering emergency temporary standard (ETS) issued on November 5 and effective January 26. As Manatt reported, the ETS required...more
1/27/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Yesterday the Supreme Court issued a stay of OSHA’s vaccinate-or-test emergency temporary standard (ETS), blocking the ETS from taking effect. While the Court issued a stay of the ETS, it allowed the vaccine mandate for...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Employers faced another challenging year in 2021, attempting to keep up with constantly changing regulations and laws addressing the continuing COVID-19 pandemic, while still facing traditional legal issues such as...more
1/6/2022
/ Biden Administration ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Safety
On Thursday, December 16, 2021, the Standards Board of the California Division of Occupational Safety and Health (Cal/OSHA) voted to update and readopt rules it had previously put into effect to deal with the COVID-19...more
Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more
12/21/2021
/ Biden Administration ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their...more
12/17/2021
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Iskanian v CLS Transportation ,
Labor Regulations ,
Petition for Writ of Certiorari ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour
On Monday, December 13, 2021, Governor Gavin Newsom and the California Department of Public Health announced a renewed mask mandate for all indoor settings. The new mandate requires that face coverings be worn by all...more
12/16/2021
/ California ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On November 4, 2021, OSHA issued its hotly anticipated emergency temporary standard (ETS) requiring employers with 100 or more employees to implement vaccination and testing programs. Stopping short of a full mandate, the ETS...more
The EEOC’s expanded technical assistance now addresses employers’ obligations to respond to and navigate vaccine-related religious accommodation requests pursuant to Title VII of the federal Civil Rights Act of 1964, which...more
10/28/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Last month, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA) and held that employers are prohibited from requiring...more
10/28/2021
/ Arbitration ,
Arbitration Agreements ,
Chamber of Commerce ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Motion To Enjoin ,
Preemption ,
State Labor Laws
On September 15, 2021, a split Ninth Circuit panel ruled that certain portions of California’s Assembly Bill 51 (2019) were not preempted by the Federal Arbitration Act (FAA), raising questions as to whether many employers’...more
OSHA to Issue Rules Requiring Employers With 100+ Employees to Ensure That Their Workers Are Vaccinated or Tested Weekly On September 9, 2021, President Biden announced a new COVID-19 plan, aimed to control the spread of the...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Regulatory Agenda ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
On September 9, 2021, the California Court of Appeal issued its opinion in Wesson v. Staples, Inc., holding that (1) courts have inherent authority to ensure that Private Attorneys General Act (PAGA) claims can be fairly and...more
9/13/2021
/ Affirmative Defenses ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Judicial Authority ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Staples ,
Wage and Hour
On February 25, 2021, the California Supreme Court issued its opinion in Donohue v. AMN Services, LLC, holding that (1) employers cannot round time punches in the meal period context, and (2) time records showing noncompliant...more
On Sunday, December 27, 2020, President Trump signed the latest round of COVID-19 legislation, the 5,500-page Consolidated Appropriations Act, 2021 (the Act). The Act, which was passed by Congress on December 21, updates the...more
On Thursday, Nov. 19, 2020, the Department of Industrial Relations Occupational Safety and Health Standards Board (Cal/OSHA) voted unanimously to move forward with a set of new regulations that heighten workplace safety...more