California appellate court rejects “Headless PAGA” as a way to avoid arbitration
1/13/25
By: John K. Rubiner
At the very end of 2024, the California Court of Appeal for the Second District issued its opinion in Leeper v. Shipt (Cal. App. December 30, 2024) 2024 WL 5251619. This is an important case concerning …
Be on the lookout: AI bills impacting the workplace to monitor in 2025
11/25/24
By: Lauren K. Adjieff and Gaia T. Linehan
It’s no secret that Artificial Intelligence (“AI”) has the potential to change the workforce. The California Legislature is trying to keep pace with the ever-evolving digital landscape and its collateral effects. AB …
CA Supreme Court clarifies analysis of unconscionable terms in employment arbitration agreements
8/8/24
By Mandy D. Hexom and Daniel Parker Jett
In Ramirez v. Charter Communications, Inc., Case No. S273802, (https://www.courts.ca.gov/opinions/documents/S273802.PDF), the California Supreme Court addressed the following question: Under what circumstances should a trial court sever substantively unconscionable terms and …
Understanding California’s new workplace violence prevention requirements
7/3/24
California employers must now comply with new legislation that aims to improve workplace safety. Senate Bill 553 (the “Workplace Violence Prevention Act” or “WVP Act”) took effect July 1, 2024, and requires employers in the state …
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 …
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. …