Supplemental executive retirement plans (SERPs) and other forms of deferred compensation plans sometimes incorporate certain post-employment restrictive covenants for covered employees into the plan. ...more
California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more
12/14/2023
/ California ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Healthcare ,
Healthcare Facilities ,
Healthcare Workers ,
Hiring & Firing ,
Labor Code ,
Labor Reform ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Popular ,
Regulatory Agenda ,
Retaliation ,
State Labor Laws ,
Wage and Hour
Effective January 1, 2024, California will impose civil liability for employers who (1) enter into a contract that includes a noncompete agreement, and (2) attempt to enforce a noncompete agreement — regardless of where and...more
10/18/2023
/ California ,
Civil Liability ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Q. As part of the employee onboarding process, my company requests that employees sign several documents, including an arbitration agreement and confidentiality agreement, on the first day of employment. Is the arbitration...more
On May 23, the California Supreme Court issued its ruling in Naranjo v. Spectrum Security Services, Inc., holding that the one-hour premium for missed meal and rest breaks constitutes wages that expose employers to...more
Since November 2020, California employers have struggled to comply with burdensome requirements under the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS), which initially went into effect on November 30,...more
On February 9, Governor Newsom signed SB 114, reviving the mandate that California employers provide supplemental paid sick leave (SPSL) for COVID-19-related absences, which previously expired on September 30, 2021. This "new...more
Q. When is the deadline for submitting annual pay data reports under California law?
A. In 2021, California passed legislation, requiring private employers with 100 or more employees to submit annual pay data reports to...more
While employers continued to grapple with the effects of COVID-19 on their businesses, last year’s California legislative actions led to relatively fewer employment law changes than usual for the upcoming 2022 year. Below...more
Q: May employers require that employees enter into agreements as a condition of employment, mandating them to arbitrate employment-related claims? ...more
On September 15, a Ninth Circuit panel in a 2-1 decision vacated a preliminary injunction, which has blocked enforcement of California Assembly Bill (AB) 51 since January 2020. The decision also partially struck down the...more
On July 15, 2021, the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC clarified that the “regular rate of compensation” for meal and rest break premiums is synonymous with the “regular rate of pay” used to...more
Why It Matters -
On June 17, the Occupational Safety and Health Standards Board (Board) approved the further revised Standards (Revised Standards). Typically, the Office of Administrative Law (OAL) has up to 10 days to...more
Who Needs to Know -
All employers with employees currently working onsite or who would like to return their workforce to the office in the future....more
For most of 2020, the world struggled with COVID-19 and its effects.
Earlier in the pandemic, we published a Law360 guest article offering privacy guidance to developers interested in creating contact-tracing...more
Who Needs to Know -
Private employers in California with 26 or more employees, and certain public entity employers not covered under the 2020 supplemental paid sick leave law....more
Who Needs to Know -
Employers who plan to enact voluntary vaccination programs. ...more
On February 25, the California Supreme Court issued its ruling in Donohue v. AMN Services, LLC that employers may not round employee time punches in the meal period context, and that time records showing potentially...more
Q: Does the “ABC test” for independent contractor status in the state of California apply retroactively? ...more
Why It Matters -
Businesses should begin to address these issues now so that when COVID-19 vaccines are ready for distribution, they will be too....more
12/16/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Food and Drug Administration (FDA) ,
Infectious Diseases ,
OSHA ,
Popular ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Title VII ,
Vaccinations
On September 17, California Governor Gavin Newsom signed Senate Bill 1383, which repeals the current version of the California Family Rights Act (CFRA) and replaces it with a newly expanded version to take effect on January...more
California’s newest legislation, some of which went into effect immediately, imposes stringent reporting requirements, creates presumptions for workers’ compensation benefits, and expands protections for California employees....more
10/1/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Newsom ,
Infectious Diseases ,
Labor Code ,
New Legislation ,
Notice Requirements ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Safety
Q: Is there new legislation that expands COVID-19 protections to California employees?
A: Since the beginning of 2020, employers have had to make significant changes to their operations due to an increasing number of newly...more
10/1/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Infectious Diseases ,
Labor Code ,
New Legislation ,
Notice Requirements ,
Occupational Exposure ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury ,
Workplace Safety
Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/25/2020
/ Coronavirus/COVID-19 ,
Cost-Savings ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Paid Sick Leave ,
Re-Opening Guidelines ,
Remote Working ,
Return-to-Work Agreements ,
Wage and Hour ,
Workplace Safety
Who Needs to Know -
Employers who are reopening (or have already reopened) by bringing employees back to their workplaces.
Why It Matters -
Bringing a workforce back to the workplace, whether from teleworking,...more
9/15/2020
/ ADEA ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Re-Opening Guidelines ,
Title VII ,
Wage and Hour ,
Workplace Safety