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The Demise of the Past-Practice Defense: Takeaways From Recent NLRB Decisions

Following recent decisions of the National Labor Relations Board, it is now nearly impossible for employers to make unilateral decisions consistent with past practices when negotiating a first contract and when negotiating a...more

California's COVID-19 Supplemental Paid Sick Leave Is Back! Compliance Requirements Are Fast Approaching! (UPDATED)

Update Feb 18: This advisory has been updated to include the required notice to employees that must be posted in the workplace or otherwise disseminated to employees who work remotely. On February 9, 2022, Governor...more

California's COVID-19 Supplemental Paid Sick Leave Is Back! Compliance Requirements Are Fast Approaching!

On February 9, 2022, Governor Newsom signed a new Supplemental Paid Sick Leave (SPSL) bill (SB 114) into law, which becomes effective on February 19, 2022. The new SPSL law will be codified in California Labor Code Sections...more

California Employers - Prepare for New (Non-COVID-19) 2021 Laws

By any measure, 2020 presented novel, life-changing experiences for all of us. The resilience and focus required to endure the seemingly relentless wave of changes have helped to hone the skills of most workplaces and allowed...more

9th Circuit Says Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

On February 27, 2020, the 9th Circuit ruled in Rizo v. Yovino that prior salary, whether alone or in combination with other factors, is not a defense to a claim of pay discrimination under the federal Equal Pay Act (EPA). ...more

Prior Salary Cannot Justify Pay Disparities Under the Federal Equal Pay Act

In an important decision, the Ninth Circuit overturned its long-standing precedent to rule that prior salary, whether alone or in combination with other factors, is no longer a defense to a claim of pay discrimination under...more

Commonly Overlooked and Misunderstood Aspects of California Wage and Hour Law

California’s wage and hour laws are constantly evolving. This advisory highlights the following areas: - Overtime and Double Time for Non-Exempt (Hourly Paid) Employees. Daily and weekly overtime requirements:...more

California Restrictions on Asking Applicants for Prior Salary Information: FAQs

We have previously analyzed the growing trend around the country to ban employer inquiries into an applicant’s prior salary. This advisory addresses frequently asked questions about the new California law, which goes into...more

It’s Not a Dream: Mid-Summer Employment Law Changes Effective in California Cities

On July 1, 2017, the minimum wage increased in nine California cities, and San Francisco’s Parental Leave Ordinance became applicable to more employers. Employers affected by these changes should be sure they are in...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

California Employment Law Update: What’s New for 2017

This is our year-end assessment of the most important developments for California employers. All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. The California legislature once again had a busy...more

Enforcing Attendance Standards in the New World of California Sick Leave

When California’s sick leave law went into effect in 2015, many employers—especially national employers—did not change their pre-existing sick leave or paid-time-off (PTO) policies because those policies exceeded the...more

California Employment Law Update: What’s New for 2016?

The California legislature continued its focus on expanding legal remedies for employees in California. Many of the new laws for 2016, such as the Fair Pay Act and expanded Labor Commissioner powers, make significant changes...more

New Regulations Clarify Time Off Under California Family Rights Act

In recently published amendments to its regulations, the California Fair Employment & Housing Council (FEHC) has clarified formerly confusing rules and brought the California Family Rights Act (CFRA) into closer parallel to...more

California Paid Sick Leave Law Amendments: Effective Immediately

On July 13, 2015, California Governor Jerry Brown signed into law urgency legislation amending the Healthy Workplaces, Healthy Families Act of 2014, which generally requires employers to provide paid sick leave to almost all...more

California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working...more

California Employment Law Update: What’s New for 2015?

The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who...more

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