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We have seen a rise in employees going on the offensive and suing their former employers for damages for not informing them that their noncompete is invalid under the applicable state law or for exaggerating the scope of a...more
As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more
In 2024, Californian workers faced a tempered legislative and judicial climate following an exciting election cycle from 2024. The California State Legislature and Governor Newsom have adjourned a legislative session that...more
The fate of California Proposition 32 (Prop 32) remains undecided as votes are still being counted. Prop 32 addressed whether California’s minimum wage would increase starting January 1, 2025...more
Many employers are already familiar with California’s Fair Chance Act (“FCA”), which went into effect in 2018 and governs how employers may consider an applicant’s criminal history in hiring decisions. Effective October 10,...more
With the 2024 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within California and highlight relevant action items related to this legislation....more
The California Department of Industrial Relations recently updated its Frequently Asked Questions (FAQs) regarding how claims brought under the Private Attorneys General Act (PAGA) will be handled following recent reform...more
It is that time of year again, when California Governor Gavin Newsom considers a number of bills that need to be signed by September 30, 2024, in order to take effect. Several of those bills would impact California employers,...more
In November 2024, California voters will decide whether to raise the minimum wage to $18 per hour by 2026 for all employers. Under existing law, California’s minimum wage is $16 per hour for all employers. The ballot...more
As we reach the halfway point of 2024, it is time to take stock of everything that has happened at the U.S. Department of Labor (DOL) over the past 6 months. We will provide a comprehensive review of the latest developments,...more
State officials who oversee California’s data privacy law recently convened a public meeting to discuss various privacy-related matters – and may have signaled that an explanation of employer obligations under the law could...more
In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more
On September 30, 2023, California Governor Gavin Newsom signed SB 553 into law, creating a new layer to California employers’ existing injury and illness prevention programs (IIPP). Under SB 553, employers are required to...more
In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on California employers. On the second day of the holidays, my...more
Despite California’s longstanding policies, statutes, and robust case law in the non-compete arena, the Legislature recently enacted two new provisions seeking to provide further protections against non-compete agreements in...more
On October 10, 2023, Governor Newsom signed California Assembly Bill 1484 (2023) (“AB 1484”), supporting bargaining rights for temporary employees effective January 1, 2024. AB 1484 amends existing law under the...more
On October 7, 2023, Governor Gavin Newson signed SB 700 into law, amending the California Fair Employment and Housing Act (FEHA). SB 700, effective January 1, 2024, expressly prohibits employers from requesting information...more
Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more
For years, California has led the way in the fast food industry, with several prominent brands having their origins in the Golden State. More recently, California has shown innovation in the ways that the employment of fast...more
We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more
Earlier this week, the California Senate Labor, Public Employment, and Retirement Committee approved SB 616. This bill now moves on for consideration by the Senate appropriations committee. SB 616, sponsored by California...more
This is a reminder that the New York City Salary Range Transparency Law, originally scheduled to go into effect on May 15, 2022, will become effective on November 1, 2022....more
In February 2022, California enacted Senate Bill (“SB”) 114, which created California Labor Code section 248.6 to provide COVID-19 Supplemental Paid Sick Leave (“CSPSL”) to covered employees. CSPSL was due to expire on...more
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the...more
In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana created issues...more