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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

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...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

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...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

DOL Withdraws January 2021 Trump Administration Independent Contractor Test

On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards...more

Website Accessibility and the ADA: 11th Circuit Offers Guidance, But How Much Will Change?

The ADA and Website Accessibility – A Brief Background: Title III of the Americans with Disabilities Act prohibits discrimination on the basis of disability in the activities and services of places of public accommodation....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

National Labor Relations Board Issues Handbook Victory for Employers

On Dec. 10, 2020, the National Labor Relations Board (NLRB) issued a decision in BMW Manufacturing Co. regarding whether various rules and policies in an employer’s handbook violated the National Labor Relations Act (NLRA)....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

California DFEH Posts Free Online Sexual Harassment Prevention Course

California’s Department of Fair Employment and Housing (DFEH) is now offering employers and their employees free online training courses to satisfy California’s sexual harassment and abusive conduct prevention training...more

California Imposes Rebuttable Presumption for Workers’ Compensation for Employees With COVID-19

On May 6, 2020, California Gov. Gavin Newsom signed Executive Order N-62-20 (EO N-62-20), which creates a rebuttable presumption, for purposes of receiving workers’ compensation benefits, that employees who test positive for...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

NLRB General Counsel Issues Guidance On Duty To Bargain In Emergency Situations

The COVID-19 pandemic presents unique challenges for employers whose employees are represented by labor unions. Under the National Labor Relations Act (NLRA), unionized employers must negotiate with a collective bargaining...more

Navigating Expense Reimbursement For “Work From Home” Employees

To curb the rapid spread of COVID-19, over half of U.S. states and numerous local governments have adopted shelter-in-place orders, most of which require residents to remain at home, except to provide or receive 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

National Retailer Liable for Wage Statement Violations Under California Law

On May 31, 2019, the U.S. District Court for the Northern District of California awarded a $102 million judgment against a national retailer for failing to comply with California’s meal break and wage statement laws. The bulk...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

In With the New! New California Employment Laws for 2019

As 2019 quickly approaches, a number of new California laws impacting employers are set to take effect. As a response to the #MeToo and #TimesUp movements, a number of these new laws address sexual harassment in the...more

Supreme Court Scratches “Triple Bank Shot” Attempt to Invalidate Class/Collective Action Waivers

In a 5-4 opinion in Epic Systems Corp. v. Lewis and two companion cases, the U.S. Supreme Court on May 21, 2018, held that class and collective action waivers in employees’ arbitration agreements are enforceable under the...more

California Supreme Court Adopts “ABC Test” to Evaluate Independent Contractor Status

On April 30, 2018, the California Supreme Court issued a long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the legal standard for distinguishing between employees and independent contractors....more

Employers May Not Use Pay History as Defense to Equal Pay Act Claims

Earlier this week, just one day before Equal Pay Day, the 9th Circuit issued an en banc opinion in Rizo v. Yovino, holding that a prospective employee’s pay history cannot justify a wage disparity as a “factor other than sex”...more

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