California expands employment discrimination claims to now include off work cannabis use
12/28/23
By: John K. Rubiner and Adam Manaa
On January 1, 2024, California Senate Bill 700 (“SB 700”) will go into effect. SB 700 amends the California Fair Employment and Housing Act (“FEHA”) to prohibit employers from taking any adverse action …
California Supreme Court ruling expands the scope of potential defendants under FEHA
10/23/23
By: Tyler J. Jacobs and Daniel Parker Jett
The California Supreme Court recently issued a ruling in Raines v. U.S. Healthworks Medical Group, 15 Cal.5th 268, 312 Cal.Rptr.3d 301 (Aug. 21, 2023), which resulted in substantial legal implications on business …
Don’t lose your right to arbitrate – separate provisions can permeate
8/9/23
By: Lynn Hollenbeck
Employers, beware. The Arbitration Agreement you have your employees sign may be rock solid, but an unconscionable provision in another onboarding document can permeate and vitiate it. In a case decided in April 2023 by the Second …
Running a background check? – Don’t run from these disclosures
6/28/23
By: Mandy D. Hexom and Thomas Livingston
Background checks are standard procedure for many employers as part of the employee application or onboarding process. It seems obvious that the applicant or employee knows they are consenting to a background check, …
Economic Slowdown: Layoff Speedup – 10 Commandments for Employers Considering Layoffs
5/9/23
By Gaia T. Linehan, Mandy D. Hexom and Victoria Fuller
From retail to tech, employers have laid off tens of thousands of employees since the beginning of the year. Mass layoffs (i.e., ones affecting 50 or more employees) involve …
Important Update for Franchisors: California’s Most Recent Proposed Expansion to Joint and Several Liability
4/3/23
By Daniel Parker Jett and Alexander Schindler
On February 16, 2023, the Fast Food Franchisor Responsibility Act (“AB 1228”) was introduced in the California State Assembly. AB 1228 proposes creating California Labor Code section 2810.9 to impose vicarious liability for …
Is Time Rounding the Next Employment Practice to Fall in California?
11/21/22
By: Craig Tomlins
For years, state and federal courts, as well as administrative agencies, have allowed California employers to use time rounding policies so long as they are neutral on their face and neutral as applied. Because of this, many …
California Further Expands Leave Rights for Employees Caring for Loved Ones
10/27/22
By: Mandy Hexom
On September 29, 2022, California’s Governor signed into law Assembly Bill 1041 amending the law requiring employers with 5 or more employees to grant up to 12 weeks of medical leave for family care and medical leave. …
California Court of Appeals Holds No Employer Liability for Hollywood Producer Whose Assistant Drowned at Social Event
10/11/22
By: Parisa Saleki
In Musgrove v. Silver, the California Court of Appeals held that famed Hollywood producer Joe Silver was not liable for the drowning death of his assistant, Carmel Musgrove.
In 2015, Silver attended actress Jennifer Aniston’s wedding …
With Greater Pay Transparency Reporting on the Way, California Employers Are Advised to Be Ready or Face Stiff Penalties
10/10/22
By: Justin Ruedaflores
Although not the first of its kind, California Senate Bill 1162 (SB 1162) expands California’s already progressive pay and data reporting laws by requiring certain employers to provide more transparency on pay scales and expanding pay data …
California just enacted new law to increase the wages and standards for fast-food employees — and Opponents are already trying to stop it in its tracks
9/14/22
By: Katherine A. Mastrobuoni
On Labor Day, California’s Governor, Gavin Newsom, signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act (“the Act” or “FAST Recovery Act”) into law. The FAST Recovery Act aims to protect and give California …
From Viking River Cruises v. Moriana to Adolph v. Uber Technologies, Inc.: The Arbitrability Of PAGA Actions In California Continues To Shift
8/29/22
BY: Daniel Parker Jett
On June 15, 2022, the Supreme Court of the United States issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. ___, 142 S.Ct. 1906 (2022), pertaining to the arbitrability of representative …