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California’s Amended PAGA Statute Eases Burdens on Employers

The California Legislature passed legislation on June 27, 2024, representing a significant overhaul of the Labor Code Private Attorneys General Act of 2004 (PAGA). PAGA permits a current or former employee to pursue an action...more

California Supreme Court: Exit Security Checks in Personal Vehicles Are Compensable

On March 25, 2024, the California Supreme Court held that workers are entitled to compensation for time spent undergoing exit security checks that included an inspection of their personal vehicle. In the same decision, the...more

California Supreme Court Rejects PAGA Manageability Argument

Defendants have long argued that Private Attorneys General Act (PAGA) claims can be unwieldy and that courts should strike such claims where individual issues make them unmanageable. In Estrada v. Royalty Carpet Mills, Inc.,...more

California Expands Protections for Employees Who Use Recreational Cannabis

Effective Jan. 1, 2024, California employers may not inquire about employees’ prior use of cannabis, even if the employer learns of that prior use from an employee’s criminal history. On Oct. 7, 2023, Gov. Gavin Newsom...more

National Labor Relations Board Significantly Alters Union Election Process

On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB...more

Employers Beware: AI Tools May Lead to Labor Force Friction and Strikes

According to recent studies, 83% of large employers surveyed rely in some form on artificial intelligence (AI) in employment decision-making, and 86% of employers that use AI admit that it is becoming a mainstream technology...more

California Protects Employees Who Use Recreational Cannabis and Limits Drug Tests

Effective Jan. 1, 2024, California law will restrict employers from using traditional drug tests to test for cannabis use. California Gov. Gavin Newsom signed the law on Sept. 18, 2022, prohibiting employers from...more

Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims

On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more

New California Employment Laws Take Effect in 2023

California has introduced some significant and widely applicable new employment laws that took effect on Jan. 1, 2023, unless otherwise stated. Minimum Wage Increases - On Jan. 1, 2023, the California state minimum...more

California’s Requirements for Pay Transparency to Increase in 2023

On Sept. 27, 2022, in a continuing effort toward pay equity, California Gov. Gavin Newsom signed Senate Bill 1162, the state’s pay transparency law. S.B. 1162 brings a number of changes employers will need to implement by...more

Divided NLRB Reaffirms Employees’ Right to Wear Union Apparel Absent “Special Circumstances”

On Aug. 29, 2022, the National Labor Relations Board (NLRB) ruled in a 3-2 decision along party lines in Tesla, Inc. , 370 NLRB No. 131 (2022), that an employer cannot impose any restriction on its employees’ right to wear...more

California Supreme Court: Meal and Rest Premium Payments Are “Wages”

On May 23, 2022, the California Supreme Court held that premium pay for missed meal and rest breaks pursuant to Cal. Labor Code Section 226.7 are “wages” that must be reported on wage statements per Cal. Lab. Code § 226 and...more

Signed Into Law: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more

California Supreme Court Clarifies Legal Standard for Statutory Whistleblower Retaliation Claims

On Jan. 27, 2022, the California Supreme Court issued its unanimous decision in Lawson v. PPG Architectural Finishes, Inc., clarifying that whistleblower retaliation claims brought pursuant to Section 1102.5 of the California...more

California Enacts New Employment Laws for 2022

As usual, the new year will bring a slew of new California employment laws. Following is a summary of many of the more significant new and widely applicable employment laws that will take effect in California on Jan. 1, 2022,...more

California Enacts New Law Targeting Warehouse Distribution Center Production Quotas

On Sept. 22, 2021, Governor Gavin Newsom signed Assembly Bill 701 (AB 701). Effective Jan. 1, 2022, it will become the first state law of its kind to regulate and set parameters around the use of production quotas at...more

California Supreme Court Makes Meal and Rest Break Violations Retroactively More Expensive for Employers

On July 15, 2021, the California Supreme Court decided a closely watched case, Ferra v. Loews Hollywood Hotel, LLC, and unanimously held that employers are required to pay meal and rest break violation premiums at the same...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

California Supreme Court Declines to Extend Rounding Standard to Meal Period Context

Over the last decade, courts have permitted California employers to use timekeeping policies that round employee time punches (e.g., to the nearest 10th of an hour) if the rounding policy is facially neutral and used in a...more

California Expands Scope of Family and Medical Leave Coverage

Effective Jan. 1, 2021, California employers with five or more employees will be required to provide family and medical leave to their employees under a newly enacted version of the California Family Rights Act (CFRA). The...more

U.S. Supreme Court: Title VII Protects Gay and Transgender Employees

On June 15, 2020, by a vote of 6-3, the U.S. Supreme Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Prior to the court’s historic...more

Preventing COVID-19 Exposure, and Employer Liability, in the Workplace

Even while imposing “shelter in place” orders, the vast majority of states have authorized and encouraged essential businesses to remain open. As states relax their restrictions in the coming weeks and months, non-essential...more

California Supreme Court “Reins” in Argument That Individual Releases Bar PAGA Claims

On March 12, 2020, the California Supreme Court held in Kim v. Reins International California, Inc. that employees who settle and release their individual wage and hour claims still have standing to bring a representative...more

Calif. Employees Can Dial for Dollars Under Employers’ On-Call Scheduling Policies

On Feb. 4, 2019, the California Court of Appeal decided Ward v. Tilly’s, Inc., holding that employers must provide “reporting time pay” when requiring employees to call in prior to a potential shift to learn whether they must...more

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

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