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 passes another bill addressing COVID-19 reporting
11/29/21
By: Gaia T. Linehan
In September, 2020, California passed AB 685, which laid out new notification and reporting requirements for California employers dealing with Covid-19 exposure. Employers may recall that AB 685 authorized Cal/OSHA (California’s state OSHA agency) to issue …
READY TO RE-OPEN? Be Aware of California’s New Right-of-Recall Law and Implications for Employers in the Hospitality, Event Center, Airport, Private Club, and Commercial Property Service Industries
6/22/21
By: Mandy Hexom
On April 16, 2021, Governor Newson signed into law a right to notice and recall of certain employees in the hospitality, event center, airport, private club, and commercial property service industries who were laid off due to …
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan
The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and …
Uber and Lyft Drive Prop 22 Home in California
11/17/20
By: Adam Khan
On November 3, 2020, California voters resoundingly passed Proposition 22, delivering Uber and Lyft a big victory, and labor unions a setback.
Prior to Prop 22, AB5 expanded the California Supreme Court’s decision in Dynamex Operations West, …
Californians Will Soon Receive Their Supplemental $300 A Week Unemployment Benefits
9/8/20
By: Michelle Harrington
California has secured $4.5 billion from the Lost Wages Assistance Program (LWAP) that will result in a $300 per week boost in unemployment benefits to millions of unemployed people in California impacted by the Coronavirus pandemic. …
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1]
On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.”
The decision is a huge loss …
An Uber Disruption: California Judge Grants Preliminary Injunction Requiring Uber and Lyft to Stop Classifying Drivers as Independent Contractors
8/14/20
By: Josue Aparicio[1]
On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California.…
CARES in California: New Unemployment Benefits Available Under Federal Law
5/8/20
By: Anastasia Osbrink
With over 3.5 million unemployment
claims in California since mid-March, the state is facing an historic level of
payments that need to be made. In fact, the state has paid out approximately
$4.5 billion, which is entirely …