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 …
PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Updating Your California Employee Handbooks in 2022
4/4/22
By: Eileen P. Darroll
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …
Another Step Toward Limiting Forced Arbitration: House Passes the FAIR Act
3/22/22
By: Margot Parker
Following President Biden’s recent signing of a bill ending mandatory arbitration of sexual assault and harassment claims accruing on or after March 2, 2022, the U.S. House approved the FAIR Act (Forced Arbitration Injustice Repeal) on March …
California Supreme Court clarifies the proper standard for whistleblower retaliation claims under Labor Code section 1102.5
2/4/22
By: Jaemie Paraon
On January 27, 2022, the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 must be evaluated under the framework prescribed in section 1102.6. Under section 1102.6, the plaintiff employee must first …
California employees are “silenced no more” in employment, settlement, and separation agreements
1/7/22
By: Michelle T. Harrington
California Governor Gavin Newsom signed legislation that expands existing law prohibiting confidentiality provisions in settlement agreements and expands restrictions on the use of non-disparagement clauses in employment agreements. The new law – known as the “Silenced …