Category: California

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California Legislature Expands Employer Obligations Regarding Payroll Transparency

Seemingly with every passing day the California legislature adds more obligations (and opportunities for costly missteps) to California employers.  This time we are discussing California Senate Bill 1162, dubbed California’s Pay Transparency Law (“SB 1162”).  SB 1162, which goes into effect beginning January 1, 2023, expands on the already high-level disclosure payroll requirements governing California … Continue Reading

AB 2188 Leaves California Employers’ Policies on Marijuana Use up in Smoke

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use. AB 2188 makes it unlawful for employers to “discriminate against a person in hiring, termination, or any term or condition of employment” for … Continue Reading

Deadline for California Employers to Comply with the California Privacy Rights Act

On June 28, 2018, then California Governor Jerry Brown signed into law the California Consumer Privacy Act (CCPA).  The CCPA provided significant privacy rights and protections to California consumers and placed numerous obligations on California businesses regarding the collection and sale of personal information belonging to California consumers.  While the CCPA constituted a significant change … Continue Reading

California Supreme Court Extends Employees’ Rights to Waiting-Time Penalties and Other Damages

On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time penalties” for unpaid premium pay, and second, whether employers are required to report premium pay on their employees’ wage statements. As all … Continue Reading

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important … Continue Reading

California Court of Appeal Removes Another Arrow from The Quiver of Employers

On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District created a split in authority when they held that wage-and-hour lawsuits brought under California’s Private Attorneys General Act cannot be dismissed on manageability grounds.  This decision directly contradicted the holding in Wesson v. Staples the … Continue Reading

California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave

California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave On February 9, 2022, California Governor Gavin Newsom approved Senate Bill 114 (“SB 114”), which entitles most California employees to a new bucket of COVID-19 supplemental paid sick leave.  The law will go into effect on February 19, 2022. California’s prior law entitling workers … Continue Reading

COVID-19 Vaccine and Mask Mandates – Comparison of Select States

On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with. Stoel Rives has created an interactive map … Continue Reading

California Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing retaliation claims brought under California Labor Code section 1102.5. In requesting that the California Supreme Court answer this question, the … Continue Reading

2021 Brought More Regulations for California Employers

2021 was another important year for California employers.  From decisions by the California Supreme Court regarding employees’ rights to premium pay for missed meal and rest breaks, to legislation expanding the scope of protected leave for California employees, to new laws dealing with the ongoing pandemic, 2021 had something to offer for everyone.  This blog … Continue Reading

Federal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward

In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and … Continue Reading

California Assembly Bill 51 Is Back!

Way back on October 10, 2019, California Governor Newsom signed Assembly Bill 51 (“AB 51”), which essentially made it unlawful for California employers to require workers or job applicants to execute arbitration agreements requiring them to waive their rights to sue in court for violations of the California Fair Employment and Housing Act or the … Continue Reading

California Supreme Court Clarifies Employees’ Rights to Premium Pay for Missed Meal and Rest Breaks

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court determined that the phrases “regular rate of compensation” and “regular rate of pay” are synonymous for the purposes of California Labor Code section 226.7(c) and the California Industrial Wage Orders.  With this seemingly innocuous ruling, however, the Supreme Court has handed a potentially large … Continue Reading

Do Employees Still Have to Wear a Mask?

Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis. As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements.  … Continue Reading

Temporary Workers in California After Sullivan, Ward, and Oman

The California Supreme Court’s 2011 decision in Sullivan v. Oracle Corp. (“Sullivan”) and its more recent decisions in Ward v. United Airlines (“Ward”) and Oman v. Delta Air Lines, Inc. (“Oman”) provided employers with a certain amount of clarity in regard to non-California residents working within the State on a temporary basis.  Sullivan made clear … Continue Reading

California Imposes More Stringent Requirements on Employers Relating to COVID-19

On November 20, 2020, the California Occupational Safety and Health Standard Board adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace.  On November 30, those regulations went into effect and are set to be in place for at least 180 days.  California employers must … Continue Reading

Right To Recall Laws Continue To Proliferate Throughout California

The public health crisis caused by COVID-19 has caused lawmakers up and down California to consider new and previously unheard of ways to protect employees.  While most of these methods have involved protections for existing employees, many jurisdictions are considering ways to protect employees who have lost work for reasons related to COVID-19.  One of … Continue Reading

California Passes Bills Expanding Rights to Both Paid and Unpaid Leave

California Assembly Bill 1867 (signed by California Governor Gavin Newsom on September 9, 2020) and Senate Bill 1383 (signed on September 17, 2020) significantly expand the rights of California employees to both paid and unpaid leave.  In addition, and especially as they relate to Senate Bill 1383, these laws will require California employers to promptly … Continue Reading

California Modifies the ABC Test – But It Doesn’t Really Help

Last year, California Governor Gavin Newsom signed Assembly Bill (“AB”) 5, which signaled a seismic shift in the way California employers classify workers as either independent contractors or employees.  On September 4, 2020, Governor Newsom signed AB 2257, which modifies (slightly) some of the rules and provisions of AB 5. To recap, AB 5 codified … Continue Reading

California Modifies California’s Workers’ Compensation Laws to Deal with COVID-19

In yet another effort to adapt California law to the current pandemic, on May 6, 2020 California Governor Newsom signed Executive Order N-62-20 (the “Order”). As it pertains to workers’ compensation benefits, the Order provides that any COVID-19 related illness of an employee shall be presumed to arise out of and in the course of … Continue Reading

Ten Things to Consider In Getting Back to Work

As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist of things to consider as we move toward the “new normal.” Reluctant Returners. Many employees are eager to return … Continue Reading

California Continues to Fill in the Gaps Left by the Families First Coronavirus Response Act

On April 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20 (the “Order”). Similar to laws recently enacted by local California jurisdictions, the Order entitles certain workers to paid leave for reasons related to COVID-19 who are otherwise ineligible for such paid leave under the Families First Coronavirus Response Act (“FFCRA”). As discussed here, … Continue Reading

California Court of Appeal Issues Warning to Employers with Unlimited Paid Time Off Policies

California is like every other state in that it does not require employers to provide employees with paid time off.  Unlike in most other states, however, if an employer does provide employees with paid time off, then employees have a vested right in such time.  What this means is that employers are prohibited from enacting … Continue Reading
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