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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 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 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 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

EEOC Guidance Addresses Religious Discrimination in the Workplace

On Jan. 15, 2021, the U.S. Equal Employment Opportunity Commission published updated guidance to its Compliance Manual on Religious Discrimination. The revised guidance, the first substantial update since 2008, came just five...more

OSHA Issues Guidance for Prompt Reporting of COVID-19 Hospitalizations and Fatalities

On Sept. 30, 2020, the U.S. Occupational Safety and Health Administration (OSHA) issued guidance clarifying employers’ obligations to report COVID-19 cases resulting in hospitalization or death. Under the new guidance,...more

Virginia Enacts “Ban the Box” for Simple Marijuana Possession

Virginia temporarily grabbed the media’s attention away from the coronavirus on May 21, 2020 when Gov. Ralph Northam signed a bill decriminalizing simple possession of marijuana under state law. While it remains unlawful in...more

Virginia Enacts New “Wage Theft Law,” Creating Private Right of Action for Unpaid Wages

On April 12, 2020, Virginia Gov. Ralph Northam signed a series of new employee protection laws related to employee unpaid wage complaints. Notably, the enactment of HB 123 and SB 838, known as the Wage Theft Law, for the...more

Virginia Adds Legal Provisions to Combat Worker Misclassification

In March and April 2020, Gov. Ralph Northam signed multiple bills into law meant to combat worker misclassification. The new legislation creates a private cause of action for misclassified workers, prohibits retaliation...more

Virginia Adds LGBTQ Protections to Anti-Discrimination Law

On April 11, 2020, Gov. Ralph Northam signed the Virginia Values Act (VVA), making Virginia the first state in the South to enact comprehensive protections for the LGBTQ community against discrimination in employment,...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

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