With the 2024 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within California and highlight relevant action items related to this legislation....more
10/22/2024
/ Artificial Intelligence ,
California ,
Corporate Counsel ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
New Regulations ,
Popular ,
Private Attorneys General Act (PAGA) ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Wage and Hour
The California Department of Industrial Relations recently updated its Frequently Asked Questions (FAQs) regarding how claims brought under the Private Attorneys General Act (PAGA) will be handled following recent reform...more
The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more
8/22/2024
/ CA Supreme Court ,
California ,
Compensation & Benefits ,
Delivery Drivers ,
Independent Contractors ,
Mobile Apps ,
New Legislation ,
State Constitutions ,
State Labor Laws ,
State Legislatures ,
Unions ,
Workers’ Compensation
The director of California’s Department of Finance has certified that the state’s minimum wage will increase from $16 per hour to $16.50 per hour for all employers as of January 1, 2025. Companies with operations in...more
Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On May 16, 2024, in Smith v. Spizzirri, the Supreme Court of the United States resolved a long-standing circuit split that affects motions to compel arbitration in federal court. Specifically, the Court answered whether...more
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
With the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills. Below...more
10/24/2023
/ Arbitration ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Defamation ,
Disclosure Requirements ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
Labor Regulations ,
Medical Leave ,
Minimum Wage ,
Non-Compete Agreements ,
Popular ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Retaliation ,
Sick Leave ,
State Labor Laws ,
Venture Capital ,
Wage and Hour ,
Workplace Safety
As most companies are aware, absent specific exceptions, under California Business and Professions Code (Code) Section 16600, California generally prohibits employers from entering into contracts with employees that preclude...more
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more
California employers with employees and job applicants subject to the Federal Arbitration Act (FAA) can once again require such individuals to sign arbitration agreements as a condition of employment.
On February 15,...more
With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more
10/25/2022
/ Bereavement Leave ,
Cal-OSHA ,
California ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Data Reporting ,
Employee Tracking ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Governor Newsom ,
Healthcare Workers ,
Independent Contractors ,
Labor Reform ,
New Legislation ,
Paid Leave ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
WARN Act
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more
The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more
5/27/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more
3/9/2022
/ Amended Legislation ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
The U.S. Department of Labor (DOL) published an opinion letter, FLSA 2020-16, considering whether the travel time of foremen and laborers is compensable in three different scenarios. The DOL makes clear that, for some...more
California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
9/15/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Staffing Agencies ,
State and Local Government ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more
9/14/2020
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement ,
Exemptions ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government
In June 2020, the U.S. Department of Labor (DOL) revised the optional-use Family and Medical Leave Act (FMLA) forms available for employers to provide required notice to employees and for employees to provide certification of...more