Update April 15: This blog has been updated to reflect additional guidance about Bay Area emergency paid sick leave. In response to COVID-19, California cities have begun to implement emergency paid sick leave ordinances to...more
In response to COVID-19, California cities have begun to implement emergency paid sick leave ordinances to support local workers. These local ordinances add another layer of complexity for businesses navigating the rapidly...more
On February 7, 2020, United States District Court Judge Kimberly J. Mueller issued a decision explaining her prior order blocking enforcement of California's new law restricting arbitration agreements, AB 51. ...more
On January 1, 2020, Illinois' new Artificial Intelligence Video Interview Act (AIVIA) went into effect, meaning Illinois employers must now comply with the law if they use artificial intelligence (AI) to analyze video...more
The temporary restraining order pausing enforcement of AB 51, the controversial law prohibiting mandatory arbitration agreements in California, remains in effect, though it has been narrowed in scope. ...more
On October 10, 2019, Governor Newsom signed a law prohibiting employers from requiring employees to sign arbitration agreements as a condition of employment on or after January 1, 2020. ...more
Two years after the start of the #MeToo movement, the law concerning discrimination and harassment in the workplace continues to develop. This year, the California legislature passed—and Governor Newsom signed—several...more
With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. ...more
California has a reputation for strictly enforcing its wage and hour laws regardless of federal law or an agreement between the parties. But the United States Court of Appeals for the Ninth Circuit recently held that these...more
California’s Industrial Welfare Commission ("IWC") Wage Order 5 and the California Labor Code set forth meal and rest period requirements for non-exempt health care employees, and permit the waiver of a second meal period for...more
Companies and individuals have long used independent contractor relationships to provide workers greater flexibility and to lower costs. The California Supreme Court’s decision Monday in Dynamex rewrites the test for...more
Long Beach Memorial Medical Center (called “MHS”), an acute care hospital, had a policy for direct care providers that stated “[identification] badge reels may only be branded with [MHS] approved logos or text.” A 2-1...more
In a recent decision, a California Court of Appeal ruled for the first time that a temporary layoff is sufficient to trigger the protections of the California WARN Act (“Cal WARN”). In Int’l Brotherhood of Boilermakers, Iron...more
Governor Jerry Brown recently signed Assembly Bill No. 1008, which restricts how and when public and private employers can ask applicants about criminal history when applying for employment in California. The new restrictions...more
11/15/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Notice Requirements
Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a...more
California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more
Employers with California operations may continue enforcing their drug-free workplace policies regardless of whether their employees use marijuana for medical or recreational purposes. When California voters passed the...more
On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more
On Sept. 1, California’s legislature sent Senate Bill No. 358 (the “Fair Pay Act”) to Governor Jerry Brown for signature. The Fair Pay Act amends California’s existing Equal Pay Act (Labor Code section 1197.5) in several...more
On May 15, 2014, the California Court of Appeal provided positive news to employers seeking to maintain and enforce arbitration agreements. In Tiri v. Lucky Chances, Inc., a unanimous First Appellate District panel reversed a...more
Effective Aug. 13, 2014, a new San Francisco ordinance prohibits private employers and city contractors from asking job applicants about their criminal history until after the first interview. The Fair Chance ordinance also...more