The California Legislature has been busy creating new rights for employees and responsibilities for employers. As employers prepare for 2024, and update their policies and practices, there are a number of new laws to consider. Unless otherwise noted, all law discussed below will be effective as of January 1, 2024.(more…)
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New California Statutes Will Impose Hightened Requirements and Consequences on Companies With Improper Noncompete Agreements
California’s strong public policy disfavors noncompete agreements. Under California Business & Professions Code Section 16600 “every contract by which any one is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Recent California law significantly increases the stakes for employers who utilize such improper covenants in their employee contracts. (more…)
2023 Employment Law Update – New California Statutes to Consider
2023 will bring a variety of new California labor and employment laws that employers will need to stay abreast of as they review and update their policies and practices. This blog spotlights key pieces of legislation that will come into effect in the new year. Unless otherwise stated, the following new laws will take effect January 1, 2023.(more…)
California Enacts Law Prohibiting Discrimination Against Off Duty Cannabis Use
Effective January 1, 2024, AB-2188 will amend Government Code section 12954 and make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon:(more…)
Employees Entitled to Protected Leave Under the California Family Rights Act and the Healthy Workplaces, Healthy Families Act of 2014 for a “Designated Person”
Assembly Bill (“AB-1041”), signed into law by Governor Newsom on September 29, 2022, expands the list of individuals for which an employee can take leave under the California Family Rights Act (“CFRA”) and the Healthy Workplaces, Healthy Families Act of 2014 (“Mandated Paid Sick Leave”). (more…)
California Passes Pay Transparency Legislation Expanding Annual Pay Data Reporting Requirements for Private Employers with 100 or more Workers and the Posting of Pay Scales for Employers with 15 or more Workers
On September 29, 2022, Governor Newsom signed Senate Bill 1162 (“SB-1162”) into law requiring employers with 100 or more employees to file annual pay data reports with the State of California and disclose pay scales. A report released by the California Civil Rights Department (“CRD” f.k.a. the Department of Fair Employment and Housing) in March 2022 found women, Hispanic/Latino and Black/African American workers were overrepresented in the lowest pay scales. The legislation aims to address the workplace pay disparities and occupational segregation based on race, ethnicity, and sex across the state, and promotes compliance with anti-discrimination laws.(more…)
Viking River is Decided; Iskanian Rule of PAGA Exception to Arbitration Agreements is No More
On June 15, 2022 the U.S. Supreme Court issued its highly anticipated opinion in Viking River Cruises, Inc. v. Moriana, and has effectively wiped-out California’s prohibition on Private Attorney General Act (“PAGA”) waivers in arbitration agreements. To appreciate the significance of the decision, it is necessary to understand the history of PAGA, and how it has been used in litigation in recent years.(more…)
Legal Update – New California Supreme Court Case finds Rest and Meal Premiums to be Wages
On May 23, 2022, in the case Naranjo v. Spectrum Security Services, Inc., the Supreme Court of California held that employers must treat premium pay for noncompliant meal periods and rest breaks like wages. As a result, employers may now face substantial penalties due to derivative violations based the failure to follow wage laws. (more…)
Retroactive COVID-19 Supplemental Paid Sick Leave Now Mandatory For California Employers With 26 Or More Employees
General Overview
On February 9, 2022, Governor Newsom signed legislation, Senate Bill (SB) 114 creating Labor Code section 248.6, into law which reinstates supplemental paid sick leave in California, effective immediately. Supplemental paid sick leave applies retroactively to January 1, 2022, and extends through September 30, 2022. Employers’ obligation to provide the supplemental paid sick leave begins February 19, 2022.(more…)
California Supreme Court – Important New Law on Retaliation Claims
On January 27, 2022, in Lawson v. PPG Architectural Finishes, Inc., No. S266001,___ Cal.5th ___, the California Supreme Court made it harder for employers to prevail on whistleblower retaliation claims by embracing the more employee-friendly analytical framework set forth in California Labor Code section 1102.6.(more…)