The 9th Circuit court of appeals has enforced the City of Everett, Washington’s Dress Code Ordinance and amendments to the Lewd Conduct Ordinances. These ordinances require employees of “Quick-Service” facilities to cover...more
As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and...more
It’s springtime in California! Even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing 100s of new laws because, after all, you can never get too much of a good thing!...more
Strict Independent Contractor Test Applies Retroactively -
Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) -
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more
5/17/2019
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Title VII ,
Unemployment Benefits ,
Wage and Hour
A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair),...more
There they go again! As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers and employees. Former Gov. Jerry Brown routinely vetoed similar bills that...more
After Jerry Brown’s second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what’s in store for them in the Golden State. (Although Jerry Brown wasn’t a particularly good...more
On May 1, we reported about the Dynamex Operations W., Inc. v. Superior Court opinion in which the California Supreme Court adopted a new standard (the “ABC test”) for determining if a worker may properly be classified as an...more
In addition to the #MeToo inspired legislation, which we covered in a recent blog post, Governor Brown signed several other pieces of legislation amending existing laws and imposing new requirements regarding employment. Here...more
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement:
New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements -
Senate Bill...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Harassment ,
Hostile Environment ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws ,
Woman Board Members
Employer Must Obtain Written Authorization To Conduct Background Check -
Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018) -
Eileen Connor worked as a school bus driver for Laidlaw Education Services, a...more
9/13/2018
/ Background Checks ,
Breach of Contract ,
CA Supreme Court ,
CAFA ,
Consumer Credit Reporting Agencies Act (CCRAA) ,
Employer Liability Issues ,
Employment Litigation ,
Form I-9 ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jury Awards ,
Lanham Act ,
Popular ,
Sanctuary Cities ,
Settlement Agreements ,
State Immigration Laws ,
State Labor Laws ,
Whistleblowers ,
Written Consent
California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code. The bill should protect both sexual harassment victims and employers...more
Supreme Court Bars Mandatory Union Dues For Public Employees -
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) -
In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more
7/12/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Class Action ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
NLRB ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private...more
7/9/2018
/ Corporate Counsel ,
Department of Justice (DOJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Form I-9 ,
Governor Brown ,
Immigration Enforcement ,
New Legislation ,
Notice Requirements ,
State Labor Laws ,
Subpoenas
In the immortal words of Mao Zedong: “Let a hundred flowers blossom!”
Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws....more
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors...more
6/5/2018
/ #MeToo ,
ABC Test ,
Arbitration Agreements ,
CA Supreme Court ,
Employee Training ,
Employer Liability Issues ,
Independent Contractors ,
Podcasts ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Review ,
State Labor Laws
The California Office of Administrative Law recently approved new amendments to the California Fair Employment and Housing Act (“FEHA”), strengthening the protections afforded to applicants and employees, including...more
We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more
5/11/2018
/ ABC Test ,
Anti-SLAPP ,
CA Supreme Court ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Rest and Meal Break ,
State Labor Laws ,
Title VII ,
Wage and Hour
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than...more
The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.
This year’s list of 27 proposed laws includes measures that...more
Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered -
Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) -
T.J. Simers, a well-known sports...more
3/23/2018
/ Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Class Certification ,
Digital Realty Trust Inc v Somers ,
Disability Discrimination ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Fraud Prevention ,
Hiring & Firing ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies
Yesterday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed...more
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding...more
Newly Enacted California Statutes -
Statewide "Ban-the-Box" Legislation -
Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more
11/10/2017
/ Anti-Retaliation Provisions ,
Ban the Box ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Mental Health ,
New Legislation ,
Parental Leave ,
Private Attorneys General Act (PAGA) ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
State Labor Laws ,
Tip Credit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workers Compensation Act ,
Workers’ Compensation Appeals Board (WCAB)
On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018. Known as the “Ban the Box” legislation, in reference to the box applicants are...more
11/1/2017
/ Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
State Labor Laws