The Federal Trade Commission (FTC) proposed new Federal regulations to ban non-compete clauses from employment agreements nationwide. The ban will include non-solicitation and other restrictions that are currently designed to...more
Effective February 3, 2023 and in place until February 3, 2025, Cal-OSHA’s Non-Emergency Regulations direct all employers to continue to follow certain COVID-19 guidance. As a result, employers should vigilantly monitor the...more
The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more
Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether...more
On October 14, 2022, the California Department of Public Health (“CDPH”) ordered a new definition of “Close Contact” effective immediately. The new definition requires employers to reexamine existing COVID-19 policies and...more
Following the passage of the California Privacy Rights Act (CPRA), for the past two years, employers have been partially exempt from many of the California Consumer Privacy Act's (CCPA) mandates pertaining to applicants,...more
10/11/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Continuing Legal Education ,
Covered Employer ,
Data Mapping ,
Data Privacy ,
Data Security ,
Employee Privacy Rights ,
Employer Liability Issues ,
Enforcement Actions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Proposed Regulation ,
Right to Delete ,
Safe Harbors ,
Sensitive Personal Information ,
Webinars
On September 13, 2022, the Fair Work Week Ordinance advanced out of committee and will move forward toward likely City Council approval. If it passes, any retail business with over 300 employees, globally, will face...more
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
7/22/2022
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Preemption ,
Wage and Hour
If you have a single employee who works for two hours or more in a week in the city of West Hollywood, California, get ready for significant changes that take effect on July 1, 2022, that will impact your West Hollywood...more
6/15/2022
/ California ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Paid Time Off (PTO) ,
Regulatory Requirements ,
Unpaid Leave ,
Wage and Hour
A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
4/19/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Uber ,
Wage and Hour
To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more
3/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Effective March 4, 2022, the Los Angeles County Department of Public Health (LADPH) eliminated a masking requirement for all persons, regardless of vaccination status, in most indoor public settings which aligns with the...more
3/7/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Los Angeles County and the City of Los Angeles issued updated indoor masking rules effective February 25, 2022 (“LA Orders”). The LA Orders give businesses two potential “exemptions” from existing indoor masking...more
3/1/2022
/ Centers for Disease Control and Prevention (CDC) ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more
2/17/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
As COVID-19 variants work their way through the Greek alphabet, California employers have new CDC guidelines, new Cal-OSHA and CDPH requirements, new decisions to make with respect to vaccine and testing mandates, and when...more
1/11/2022
/ Best Practices ,
Cal-OSHA ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Vaccinations ,
Virus Testing ,
Webinars
On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law,...more
1/10/2022
/ California ,
Corporate Counsel ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
New Legislation ,
Quotas ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On January 5, 2022, the California Department of Public Health announced the extension of its statewide mask guidance for masking in all indoor public settings through February 15, 2022. ...more
1/6/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022,...more
1/5/2022
/ California ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
As the COVID-19 Omicron variant spreads rapidly, the California Department of Public Health (CDPH) lowered the thresholds that define “Mega Events” effective January 15, 2022. “Outdoor Mega Events” will occur with 5,000 or...more
1/3/2022
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Events ,
Infectious Diseases ,
Public Health Emergency ,
Quarantine ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 13, 2021, the California Department of Public Health (“CDPH”) issued updated “guidance” related to masking, the timing of COVID testing of non-vaccinated persons at Mega Events, and COVID testing for persons...more
12/17/2021
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Events ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance to hone in on how it will, likely, interpret COVID-19 issues related to future disability discrimination claims. ...more
Yesterday, the United States District Court for the Southern District of Georgia issued a nationwide injunction against the enforcement of Executive Order (EO) 14042’s mandate that had ordered federal contractors and...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the...more
11/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The 490-page Federal Occupational Safety and Health Administration’s (Fed/OSHA) Vaccination and Testing Emergency Temporary Standard (VAX ETS) was published on November 5, 2021 and while it was effective immediately giving...more
11/8/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety