Under a California law that took effect on January 1, 2020, employers will have to provide extra notices to California employees enrolled in flexible spending accounts (FSAs) explaining the “use it or lose it” federal tax...more
Employment litigation settlement agreements often include a mutually negotiated “no-rehire” provision by which the departing employee agrees not to seek employment with the company in the future. A recently enacted California...more
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
On August 30, 2019, California Governor Gavin Newsom signed Senate Bill (SB) 778 into law, thereby giving employers more time to comply with the state’s sexual harassment training requirement. In September 2018, former...more
9/13/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
FEHA ,
Governor Newsom ,
New Legislation ,
Sexual Harassment ,
State Labor Laws ,
Statutory Deadlines ,
Time Extensions
Signaling a growing movement to align culturally inclusive practices with legal protections, California has become the first state to expressly ban discrimination based on hairstyle and hair texture associated with a person’s...more
Currently, certain employers are required under federal law to file annual Employer Information Reports (EEO-1) with the Equal Employment Opportunity Commission. These EEO-1s must contain data regarding demographics of the...more
California is expanding state benefits available to workers who lose wages while taking time off to care for a seriously ill family member or to bond with a new child. On June 27, 2019, Governor Gavin Newsom signed...more
The California State Senate and Assembly have been busy this year, moving a number of employment law bills through the legislative process. May 31, 2019, was the deadline for either the assembly or the senate to pass a bill...more
6/6/2019
/ ABC Test ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
EEO-1 ,
Employee Training ,
Employer Liability Issues ,
Exclusions ,
FEHA ,
Harassment ,
Independent Contractors ,
Lactation Accommodation ,
Penalties ,
Pending Legislation ,
Private Right of Action ,
Proposed Legislation ,
Retaliation ,
Staffing Agencies ,
State Labor Laws ,
Statute of Limitations ,
Unemployment Insurance Acts ,
Unpaid Wages
Given the litigious environment in California, employers operating in the state are in great need of enforceable general release terms in severance and settlement agreements. California employers entering into severance or...more
California's minimum wage rate increased on January 1, 2019, to $12.00 per hour for businesses employing 26 or more employees and $11.00 per hour for those with 25 or fewer employees. The increase is a result of California...more
Once again, Governor Jerry Brown ends the legislative year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s last year to do so, and next year we will report about the...more
10/5/2018
/ Board of Directors ,
Collective Bargaining Agreements (CBA) ,
Construction Industry ,
Criminal Background Checks ,
FEHA ,
Gender Equity ,
Governor Brown ,
Hiring & Firing ,
Hotels ,
Human Trafficking ,
Labor Code ,
Lactation Accommodation ,
Paid Family Leave Law ,
Payroll Records ,
Private Attorneys General Act (PAGA) ,
Publicly-Traded Companies ,
Sexual Harassment ,
State Labor Laws
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales, and the application of the law to existing employees.
The California Fair Pay Act,...more
California’s meal and rest break rules are extremely technical and nuanced—and a failure to properly comply with them can result in penalties. Here are answers to six frequently asked questions (FAQs) regarding compliance...more
Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda....more
4/12/2018
/ Board of Directors ,
Corporate Counsel ,
Corporations Code ,
Data Reporting ,
Employee Training ,
Medical Marijuana ,
New Legislation ,
Paid Sick Leave Act ,
Pay Equity Laws ,
Reasonable Accommodation ,
Sexual Harassment ,
Wage and Hour
News accounts report that thousands of Californians celebrated the first day of 2018 by exercising their new right to legally purchase marijuana for recreational use. Recreational marijuana shops were overwhelmed by long...more
California's minimum wage rate increased on January 1, 2018, to $11.00 per hour for businesses employing 26 or more employees and $10.50 per hour for those with 25 or fewer employees. The increase is a result of California...more
On October 5, 2017, Governor Brown signed Assembly bill (AB) 450, which will prohibit employers, under some circumstances, from providing consent to immigration agents to enter certain areas of the workplace. The law will go...more
In the days leading up the October 15 deadline, Governor Brown signed and vetoed a number of California labor and employment law bills that had recently passed by the September legislative deadline. Here is an overview on the...more
10/25/2017
/ Ban the Box ,
Construction Industry ,
Employee Training ,
Employer Mandates ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Immigration Enforcement ,
Parental Leave ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
Subcontractors ,
Wage and Hour
On October 12, 2017, Governor Jerry Brown signed the New Parent Leave Act into law, extending unpaid leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement to employees of...more
On October 12, 2017, Governor Jerry Brown signed AB 168, prohibiting California employers from asking job applicants about their salary histories.
This new law thrusts California yet again into the forefront of...more
In a recent, unpublished opinion, a California Court of Appeal found in favor of an employer on a marital status discrimination claim than an employee brought under the Fair Employment and Housing Act (FEHA). The court held...more
Several California labor and employment law bills passed in both the state assembly and senate on or before the September 15, 2017, legislative deadline. Governor Brown will have until October 15, 2017, to sign or veto these...more
9/19/2017
/ Ban the Box ,
Employer Liability Issues ,
Employer Mandates ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Immigration Procedures ,
Parental Leave ,
Pending Legislation ,
Salary/Wage History ,
Wage and Hour
The City of San Diego joined a growing list of state and local jurisdictions by enacting a pay equity ordinance on July 31, 2017.
The Equal Pay Ordinance requires city contractors to certify in writing that they will...more
The California Division of Labor Standards Enforcement (DLSE) has published a new form that must be added to the growing list of documents that employers are required to provide to employees at the time of hire.
The new...more
Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second...more
6/14/2017
/ Ban the Box ,
Criminal Background Checks ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Hiring & Firing ,
Job Applicants ,
Minimum Salary ,
Parental Leave ,
Pending Legislation ,
Salary/Wage History ,
Single-Payer ,
White-Collar Exemptions