California continues to police artificial intelligence (“AI”) in the workplace. Following proposed rulemaking on the use of AI for significant employment decisions, Assemblymember Isaac Bryan introduced Assembly Bill 1221...more
5/14/2025
/ Artificial Intelligence ,
Biometric Information ,
California ,
Corporate Counsel ,
Data Privacy ,
Employee Monitoring ,
Employee Rights ,
New Legislation ,
Proposed Legislation ,
State Labor Laws ,
Surveillance
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was...more
On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually...more
3/11/2024
/ Cal-OSHA ,
California ,
Governor Newsom ,
Labor Code ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California.
The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more
Last week, the California Legislature passed Senate Bill 616 (“SB 616”), an amendment to California’s statewide paid sick leave law that significantly increases the amount of leave that employers need to provide and permit...more
California Labor Code section 2802 (“Section 2802”) requires employers to reimburse employees for “all necessary expenditures or losses” they incur as a “direct consequence of the discharge of … [their] duties, or … [their]...more
Under California’s Fair Employment and Housing Act (“FEHA”), employers generally are strictly liable for a supervisor’s harassment, even where the employer is unaware of the supervisor’s alleged bad actions. While this left...more
Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”). In an opinion drafted by the former...more
On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect,...more
In the weeks and months since it changed its name from the Department of Fair Employment and Housing to the California Civil Rights Department (“CRD”), the agency has been busy. Most recently, the CRD released proposed...more
A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal....more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation...more
6/6/2022
/ Agricultural Workers ,
California ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Marijuana ,
Off-Duty Employees ,
Pay Data ,
Recreational Use ,
Regulatory Agenda ,
State Labor Laws ,
Workers Compensation Awards ,
Workplace Injury
California’s minimum wage currently is double its federal counterpart. And, it’s going to keep climbing. Late last week, Gov. Newsom announced that the Golden State’s minimum wage will increase to $15.50 for all employers...more
The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills pending before the California Legislature. This year’s list includes bills that would, among other things, inflate...more
4/18/2022
/ California ,
Employee Benefits ,
Employment Discrimination ,
FEHA ,
Labor Reform ,
Labor Relations ,
Marijuana ,
Proposed Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Workers Compensation Reform
In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks. Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell...more
4/15/2022
/ California ,
Employer Liability Issues ,
Exempt-Employees ,
Flexible Work Arrangements ,
Labor Reform ,
Minimum Workweek ,
Non-Exempt Employees ,
Over-Time ,
Pending Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more
4/5/2022
/ Arbitration ,
Arbitration Agreements ,
Bilateral Agreements ,
California ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Oral Argument ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
State Sovereignty ,
Unpaid Wages ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more
3/16/2022
/ Background Checks ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Regulatory Agenda ,
State Labor Laws
On February 10, 2022, Assemblymember Buffy Wicks introduced Assembly Bill 1993 (“AB 1993”), which would impose COVID-19 vaccination requirements on virtually all employees and independent contractors working in California,...more
3/16/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Labor Reform ,
Pending Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Labor Laws ,
Vaccinations ,
Workplace Safety
On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to...more
2/9/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last month, California’s Occupational Safety and Health Standards Board (“OSHSB”) readopted and revised the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”). By and large, OSHSB’s revised ETS retain most of...more
1/12/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Occupational Exposure ,
Quarantine ,
Virus Testing ,
Workplace Safety
The Los Angeles County Department of Public Health, which has responsibility for the County’s more than 10 million residents, kicked off the new year with a brand new Health Officer Order on January 5, 2022. Among other...more
1/10/2022
/ 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
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
12/22/2021
/ California ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fixed-Term Labor Contracts ,
Injunctive Relief ,
Netflix ,
No-Poaching ,
Recruitment Policies ,
Twentieth Century Fox ,
Unfair Competition Law (UCL)