Update: The City of Los Angeles revised the Worker Protection Order on April 10, 2020, to provide that, in lieu of handwashing, employers can provide employees with access to hand sanitizer at least every 30 minutes....more
Los Angeles Mayor Eric Garcetti has modified the previously passed COVID-19 Supplemental Paid Sick Leave Ordinance by issuing a public order under City of Los Angeles Emergency Authority...more
Mayor Garcetti Issues Order Modifying Los Angeles’ COVID-19 Supplemental Paid Leave Ordinance -
Los Angeles Mayor Eric Garcetti has modified the COVID-19 Supplemental Paid Sick Leave Ordinance that was previously passed and...more
The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more
With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more
11/6/2019
/ Anti-Discrimination Policies ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Flexible Spending Accounts ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
New Legislation ,
OSHA ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
State Labor Laws ,
Title VII
California Governor Gavin Newsom passed Senate Bill 188, known as the Creating a Respectful and Open Workplace for Natural Hair (C.R.O.W.N.) Act, earlier this month which expanded existing anti-discrimination state law to...more
7/30/2019
/ Corporate Counsel ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Hairstyle Discrimination ,
New Legislation ,
Race Discrimination ,
State Labor Laws
The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018. AB 450 prohibits both public and private California employers from voluntarily consenting to a...more
The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more
Governor Jerry Brown has signed A.B. 1008 which amends the California Labor Code effective January 1, 2018, to prohibit employers from considering or inquiring about “an applicant’s conviction history,” “arrests not followed...more
11/16/2017
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
DFEH ,
Employer Liability Issues ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements
Governor Jerry Brown signed S.B. 63 last month, which makes CFRA applicable to businesses with 20+ employees. Under the bill, the California Government Code will be amended as of January 1, 2018 to permit eligible employees...more
On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance on joint employment and independent contractors...more
In November 2016, Arizona voters approved the Fair Wages and Healthy Families Act (the Act) which included provisions on paid sick leave. Beginning on July 1, 2017, virtually all Arizona employees will be entitled to accrue...more
In a follow-up to the U.S. Department of Labor’s (DOL) release of 12 questions and answers in a publication called “Misclassification Mythbusters,” the DOL has now released a new website called “What is ‘misclassification’?”...more
Recently, Governor Jerry Brown signed S.B. 1241, which addresses choice-of-law and venue provisions in employment contracts that are entered into, modified or extended on or after January 1, 2017. Under the bill, the...more
In Morris v. Ernst & Young, LLP, the U.S. Court of Appeals for the Ninth Circuit recently reviewed an arbitration agreement that required employees “as a condition of employment” “to sign agreements not to join with other...more
9/7/2016
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Ernst & Young ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7
The U.S. Department of Labor (DOL) recently released 12 questions and answers in a publication called “Misclassification Mythbusters.” It appears that the publication is intended to educate/inform individuals about whether...more
As retailers enter the holiday season amid a period of increased compliance lawsuits related to the Americans with Disabilities Act (ADA), we offer some timely ways to steer clear of potential ADA pitfalls.
Title III of...more
8/3/2016
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Commercial General Liability Policies ,
Department of Justice (DOJ) ,
Disability ,
Disability Discrimination ,
E&O Insurance ,
Insurance Industry ,
Point of Sale Terminals ,
Public Accommodation ,
Title III ,
Website Accessibility
Two new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the independent contractor relationship and how wages are regulated. Below is a description...more
The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for...more
3/29/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
Although some states have long imposed personal liability on officers and directors for unpaid wages, the laws in both California and New York have recently been amended to address personal liability. This update addresses...more
The California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 (Wage Order) or the common...more
The future of California labor and employment class actions took several blows this week. First, the Supreme Court of California issued a decision in Iskanian v. CLS Transp. L.A., LLC, No S204032 (Cal. June 23, 2014)...more
The California Supreme Court has ruled that arbitration agreements with class action waivers are generally enforceable, but it refused to compel the waiver of representative claims brought under California’s Private Attorney...more
The Supreme Court of California released its decision in Duran v. U.S. Bank National Association on May 29, 2014. The decision will likely reshape the landscape of class-action practice in California. ...more