Archives: California Employment Beat

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California’s Employment Law Class of 2017 (Part II): The Laws, Their Effects and Some Recommendations for Compliance

In part I of this two part series reviewing the employment law class of 2017 we focused on developments in discrimination, anti-retaliation and discharge, hiring and background checks, and workplace health and safety. In part II we will focus on developments in wage and hour law, leave laws, industry-specific regulations, and California’s recent legislation affecting … Continue Reading

California’s Employment Law Class of 2017 (Part I): The Laws, Their Effects and Some Recommendations for Compliance

Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem from existing workplace mandates. However, don’t be fooled by the lack of “new” regulations. By amending many of California’s complex existing laws, the … Continue Reading

Employers Act Even Before Additional Protections for Victims of Domestic Violence Are Law

California Gov. Jerry Brown recently signed AB 2337, strengthening the job protections for victims of domestic violence, and ensuring those who work for employers with 25 or more employees are notified of protected time-off rights for domestic violence, sexual assault, or stalking, without threat of termination or retaliation. The Bill’s author, Assemblymember Autumn Burke (representing … Continue Reading

San Francisco Becomes the First City to Provide Fully Paid Parental Leave

San Francisco has just given the employees of its resident companies quite the baby shower gift. On April 5, 2016, San Francisco passed its Paid Parental Leave law. The local ordinance will leverage off of the California Paid Family Leave law passed in 2004, which allows employees to take time off to bond with a … Continue Reading

California Supreme Court Takes a Stand About Employees Sitting

Earlier this week, the California Supreme Court, in Kilby v. CVS Pharmacy, clarified that the suitable seating requirement in several California wage orders may entitle employees to a seat when their tasks can be accomplished while seated. Specifically, the language states: “All working employees shall be provided with suitable seats when the nature of the … Continue Reading

California Governor Signs into Law New Bill Raising Minimum Wage to $15 per Hour

Not to be outdone by New York’s pending move to increase its minimum wage to $15.00 per hour for non-exempt employees in the coming years, on April 4, 2016, California Gov. Jerry Brown signed into law a bill that will increase California’s statewide minimum wage to $15.00 per hour by 2022. The bill sets out … Continue Reading

California’s New Rest Period Requirements for Piece-Rate Workers

California law requires that employers authorize and permit their employees to take rest periods based on the total hours worked in a day. Employers must authorize and permit 10 minutes net rest time for every four hours worked or major fractions of an hour. If the workday is less than three and one-half hours, then … Continue Reading

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws. On April 1, 2016, new regulations interpreting and expanding upon the statutory language go into effect. Below, we provide a summary of some … Continue Reading

March 17 Webinar: Relationships Between California Companies and Their Workers

California is home to a burgeoning nontraditional workforce. The state’s laws and regulations recognize many types of engagements beyond the traditional employer-employee relationship, so long as the rules and regulations that establish and maintain these arrangements are respected. This program will examine just how companies and nontraditional workers get the job done, while remaining compliant … Continue Reading

California’s Employment Law Class of 2016: The Laws, Their Effects and Our Recommendations for Compliance

Each year, the California legislature – historically the most active of state regulators – reexamines the relationship between employers and their workforces and emerges with a multitude of employment law protections. 2015 was no exception. Lawmakers created novel and expansive measures, affecting companies throughout the state in varying degrees. Some of the laws, most of which take … Continue Reading

Preparing for Compliance with California’s New Fair Pay Act

When California’s Fair Pay Act goes into effect January 1, 2016, the state’s employers will be subject to the strictest equal pay law in the country. The new law is part of an increased effort on both the federal and state levels to ensure equal pay between men and women, across the county. Recently, both … Continue Reading

Governor Brown Vetoes Blanket Ban on Arbitration Agreements, But Signals Potential Support of More Tailored Legislation

Governor Brown got it right when he vetoed Assembly Bill 465, which would have restricted the enforcement of arbitration agreements requiring the arbitration of claims brought against employers for violations under the California Labor Code.  The proposed bill would have made it unlawful to use such provisions as a condition of employment.  The governor indicated … Continue Reading

California Legislature Pushes to Limit Employer/Employee Arbitration Agreements

The California legislature recently submitted a bill (AB 465) to Governor Jerry Brown that deters employers from using arbitration agreements that include a provision requiring the arbitration of claims brought against employers for violations under the California Labor Code. AB 465 provides that any waiver of rights, penalties, remedies, forums and procedures established by the … Continue Reading

Stressed Out By Your Supervisor? Too Bad, Say California Courts

California employers may finally rejoice: there is now an employer-friendly state court decision, Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015). The case takeaway is straightforward: an employee’s claimed inability to work under a supervisor because of the supervisor’s causing the employee anxiety and stress during standard oversight of the employee’s performance, … Continue Reading

New Amendment to California Sick-Leave Law Takes Effect

On July 13, 2015, Governor Brown signed Assembly Bill 304 – an amendment to California’s recently effective (as of July 1, 2015), statewide sick-leave law, known as the California Healthy Workplaces, Healthy Families Act of 2014 (the Act). The Amendment is effective immediately. It adds significant new compliance options for employers, in addition to clarifying … Continue Reading

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following: Reviewed the changes to the CFRA regulations, which may be found here. Updated your policies and employee handbooks to reflect the legal … Continue Reading

California Expands the Frontiers of Employment Discrimination–Again

Effective January 1, 2014, California’s Fair Employment & Housing Act (Gov. Code §§12940, et seq.) has been amended to push the boundaries of what counts as employment discrimination. California employers should revise all postings, employee handbooks and training materials to reflect two important changes in the law.   … Continue Reading

9th Inning, Two Outs, None On for California State Courts That Ignore Federal Arbitration Act

2013 is shaping up to be the year that that party ended for state evasion of the Federal Arbitration Act. States have traditionally relied on a number of stratagems to avoid the preemptive force of the FAA’s “liberal federal policy favoring arbitration.” (Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 [1983]). One … Continue Reading

Alice is Back in Wonderland: Meal Break Policies Must be 100% Legal to Blunt Employee Class Actions in California Even in Absence of Actual Violation

California employers, who, only thirteen months ago, thought they no longer had to worry about wage/hour class actions by employees over meal and other rest breaks need to worry again. When the California Supreme Court handed down its blockbuster decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004 (2012), thirteen months ago, California … Continue Reading

Act Now On California Labor Code Sec. 226 Amendments

Under California law, employers must provide their employees with wage statements that contain nine specific categories of information. See Cal. Labor Code § 226(a)(1)-(9).  Plaintiffs in California wage and hour actions regularly and routinely have included section 226 claims with other wage allegations, claiming non-compliance by employers. And until January 1, 2013, employers have, in some circumstances, … Continue Reading

Proposed Amendment Seeks to Pack More Punch Behind California’s “Shine the Light” Law

Our Global Regulatory Enforcement colleagues Lisa B. Kim, Steven Boranian and Joshua B. Marker have written a blog post discussing a proposed amendment to California’s “Shine the Light” law seeks to require companies to disclose more detailed information about their data-sharing practices, while giving consumers the ability to bring class action lawsuits under the legislation. To … Continue Reading

California’s Pregnancy Disability Leave Regulations Add to Employer Obligations

Newly-amended state regulations effective December 30, 2012 have expanded the definition of “disabled by pregnancy.” The amended regulations now also expressly provide that a woman is “disabled by pregnancy” if she suffers from severe “morning sickness” or needs time off for: prenatal or postnatal care; bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia, post-partum depression; childbirth; loss … Continue Reading
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