UPDATE: JULY 1, 2024 The proposed PAGA reform legislation passed the California Assembly and Senate and has been signed into law by Governor Newsom today.
What are the main takeaways from the proposed legislation?
To...more
7/5/2024
/ California ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Law Violations ,
Labor Reform ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
Join us online for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings.
Topics include:
- Key bills relating to paid sick leave, CalWARN notice...more
10/25/2023
/ Best Practices ,
California ,
Continuing Legal Education ,
Disclosure Requirements ,
Employee Handbooks ,
Employee Rights ,
Employment Litigation ,
Enforcement Actions ,
New Legislation ,
NLRB ,
Notice Requirements ,
Paid Sick Leave ,
Pay Transparency ,
Privacy Laws ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Webinars
The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
To ensure compliance with current California and Federal law and to benefit from recent court decisions, it is time for employers to review and update their employee arbitration agreements.
Individual PAGA Claims Are...more
In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more
On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became...more
12/17/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Newsom ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
State Labor Laws ,
Workplace Safety
On Oct. 20, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new effort to identify and correct violations of the Fair Chance Act, which seeks to reduce barriers to employment for individuals...more
On Oct. 7, 2021, Governor Newsom signed into law SB 331, or the “Silenced No More Act,” which updates existing laws to place new restrictions on nondisclosure and non-disparagement provisions in agreements with employees and...more
On Sept. 22, 2021, Governor Newsom signed AB 701, aimed at regulating quotas in warehouse distribution centers, into law. Here is what employers need to know....more
This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more
A California Court of Appeal has held – for the first time – that “trial courts have inherent authority to ensure that PAGA [Private Attorneys General Act] claims will be manageable at trial, and to strike such claims if they...more
The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”)....more
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these...more
While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more
11/12/2020
/ Amended Legislation ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Extraterritoriality Rules ,
Hiring & Firing ,
Independent Contractors ,
Infectious Diseases ,
Job Applicants ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Reporting Requirements ,
Salary/Wage History ,
Security Checks ,
State Labor Laws ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour ,
Webinars
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged...more
This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more
9/24/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Layoffs ,
Misclassification ,
Political Expression ,
Political Speech ,
Remote Working ,
Risk Mitigation ,
Social Media Policy ,
State Labor Laws ,
Tax Liability ,
Wage and Hour ,
Webinars
On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides detailed information for employers in an easy-to-read checklist format.
The majority of the document is...more
7/29/2020
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Local Health Departments (LHDs) ,
Local Ordinance ,
Masks ,
Public Health Emergency ,
Re-Opening Guidelines ,
Sick Employees ,
State Health Departments ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Outbreaks ,
Workplace Safety
In the past few months, federal, state, and local governments have rapidly and constantly proliferated laws, orders, and guidance for conducting business in light of COVID-19. Unless a business has personnel dedicated to...more
7/21/2020
/ California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Local Ordinance ,
OSHA ,
Paid Sick Leave Act ,
Public Health Emergency ,
Re-Opening Guidelines ,
State Labor Laws
A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more
2/20/2020
/ Constitutional Challenges ,
Employer Liability Issues ,
Equal Pay Act ,
First Amendment ,
Free Speech ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Pay Discrimination ,
Pay Equity Laws ,
Preemption ,
Race Discrimination ,
Salary/Wage History ,
Split of Authority ,
State and Local Government ,
State Bans ,
State Labor Laws