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Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

CA Labor Commissioner Issues New Whistleblower Notice

Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local,...more

CA’s DIR Issues Frequently Asked Questions Related to PAGA After This Year’s Legislative Reform

The California Department of Industrial Relations (“DIR”) recently issued some FAQs regarding how PAGA claims are administered following reform legislation. As you may know, the CA Legislature acted earlier this year to pass...more

The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel

In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No...more

California Employment News: SB616 – Changes to Paid Sick Leave Law for 2024 [Video]

California recently amended its sick leave law, the Healthy Families Healthy Workplace Act, by increasing paid sick leave accrual mandates and sick time cap amounts. Lizbeth (“Beth”) West and Shauna Correia discuss these...more

(Podcast) California Employment News: SB616 – Changes to Paid Sick Leave Law for 2024 [Audio]

California recently amended its sick leave law, the Healthy Families Healthy Workplace Act, by increasing paid sick leave accrual mandates and sick time cap amounts. Lizbeth (“Beth”) West and Shauna Correia discuss these...more

2023 Was Another Busy Year in the Legislature – New Employment Law Legislation

The Legislature was busy again in 2023, and the Governor signed a number of employment-related bills. This blog post is not intended to discuss the details of every employment bill that was signed into law. Instead, below...more

New Law Says Employees Can Refuse to Come to Work When Emergency Conditions Exist in the Workplace

On September 29, 2022, Governor Newsom signed Senate Bill 1044 which grants new protections and rights to most California employees in the case of emergency conditions in the workplace....more

CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal...more

Governor Newsom Signs AB 2257 – More Clarifications And Exceptions To The “ABC Test” For Independent Contractor Status

On September 4, 2020, Governor Newsom signed AB 2257, a bill that provides comprehensive clarifications and changes to the very controversial bill – AB 5 – that went into effect in January 2020 and requires the use of the...more

The DOL’s New Model FMLA Notices And Forms

On July 16, 2020, the DOL issued new model FMLA notices and forms with a June 2020 revision date. The look of the notices and forms are somewhat different from previous versions but there are not a lot of substantive...more

Finally – SBA Guidance On An Employer’s PPP Loan Forgiveness When Employees Refuse to Return To Work

On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act. Among other things, the updated FAQs finally addressed this issue: What happens to an employer’s ability to...more

The California Supreme Court Clarifies Wages Are NOT Part Of The “Civil Penalty” Under Labor Code Section 558 In A PAGA Action

On September 12, 2019, the California Supreme Court issued it decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”). In analyzing whether the Plaintiff’s lawsuit could...more

Will Assembly Bill 5 – And The Answer To The Question Of … What Test Applies When Classifying Independent Contractors … Make It To...

If you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with...more

New DFEH Notice And Certification Related To Medical Leaves And Parental Leaves Under California Law

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued...more

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal...more

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping...more

Good News Employers – There Are Now Some Answers To Your Questions About The Recent Law Prohibiting Use Of Prior Salary History

On July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 –...more

No More Questions About, Or Use Of, Prior Salary Information In Employment

On October 12, 2017, Governor Brown signed Assembly Bill 168. Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior...more

Attention EEO-1 Employers –You Don’t Have To Report Pay Data To The Eeoc In March 2018 After All

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness...more

San Francisco Adopts The “Parity In Pay” Ordinance – No More Inquiries About Or Disclosures Of Prior Salary

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance. Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census...more

California Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees

On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy...more

Beware – Reporting Wage & Hour Violations Just Got Easier

The California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’...more

Ninth Circuit Holds that Employers Who Use Facially Neutral “Rounding” Timekeeping Policies Do Not Have to Guarantee that an...

On May 2, 2016, the Ninth Circuit issued its decision in Corbin v. Time Warner Entertainment – Advance/Newhouse Partnership and affirmed the district court’s summary judgment in favor of employer, Time Warner...more

Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program. Before explaining the...more

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