The past year saw appellate courts weigh in on a number of critical questions regarding the Private Attorneys General Act (PAGA), headlined by the U.S. Supreme Court’s ruling in Viking River Cruises, Inc. v. Moriana, 142 S....more
On September 27, 2022, Governor Newsom signed Senate Bill 1162 (SB 1162), which amends California Government Code section 12999 and California Labor Code section 432.3. SB 1162 expands pay data reporting and increases pay...more
On July 20, 2022, the California Supreme Court granted review in Adolph v. Uber Technologies, Inc., Cal. Ct. App. Case No. G059860, which indicates that it may intend to address the questions of state law addressed by the...more
On June 15, 2022, the U.S. Supreme Court issued its much-anticipated decision in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573. At issue was a rule announced by the California Supreme Court in Iskanian v. CLS...more
Key Points -
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court held that a failure to provide premium pay for meal or rest break violations under California Labor Code § 226.7...more
On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal, held that “a court cannot strike a PAGA claim based on manageability.” This decision creates a split of authority with Wesson v....more
Key Points -
On January 1, 2022, SB 331—also known as the Silenced No More Act—went into effect in California. It prohibits clauses, in settlement agreements for civil or administrative claims, which prevent or restrict the...more
On September 27, 2021, Gov. Newsom signed into law SB 646, which exempts janitorial employees from PAGA if they are covered by a collective bargaining agreement meeting certain minimum criteria. The bill, which codifies a new...more
Earlier this year, the California Court of Appeal ruled that a plaintiff was permitted to pursue a PAGA claim for alleged violations of Labor Code Section 432.5, even though the statute of limitations on her individual claim...more
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
3/9/2021
/ CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Key Points:
- Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees.
- The most significant laws include new obligations to report employee pay data, an...more
12/23/2020
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Employer Liability Issues ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour
Key Points
- Cal/OSHA issued new emergency regulations regarding COVID-19 prevention and outbreaks in the workplace that are applicable to nearly all California employers, which were approved and became effective November...more
- California has implemented a broad supplemental sick leave law requiring employers with 500 or more employees (and health care employers with fewer than 500 employees) to provide their California workers with up to 80 hours...more
10/1/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Recordkeeping Requirements ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Workers' Compensation Claim ,
Workplace Safety
- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
2/12/2020
/ ABC Test ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Exempt-Employees ,
First Amendment ,
Fourteenth Amendment ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Likelihood of Success ,
Misclassification ,
Motor Carriers ,
Preemption ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Trucking Industry
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees.
• The most significant laws include a new employee classification law, extension of the statute of limitations for...more
12/17/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
DFEH ,
Employee Benefits ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Entertainment Industry ,
Exemptions ,
FEHA ,
Flexible Spending Accounts ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Minimum Wage ,
Minors ,
Misclassification ,
New Legislation ,
No-Rehire Provisions ,
OSHA ,
Restraining Orders ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Workplace Injury
• On September 10, 2019, the California State Legislature passed AB 5, which codifies the “ABC test” in Dynamex Ops. West Inc. v. Superior Court, 4 Cal. 5th 903 (2018), for determining whether a worker is an employee or an...more
9/13/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions.
• The law also requires an employer to provide the pay scale for a...more