On September 30, 2023, California Governor Gavin Newsom signed Senate Bill 553 creating new workplace violence prevention standards in California. The law consists of the first general industry workplace violence prevention requirement in the United States.
Continue Reading Employees’ Rights to Workplace Violence TRO’s Expanded in California
California employers must revamp their sick leave policies ahead of the New Year. On October 4, 2023, Governor Newsom signed SB 616 into law, thereby amending the Healthy Workplaces, Healthy Families Act of 2014. The new law goes into effect January 1, 2024.
Continue Reading Significant Paid Sick Leave Increases for California Employers
On August 29, 2023, the California Court of Appeal issued a new opinion that, once again, changes how parties litigate and settle claims brought under California’s Private Attorneys’ General Act (“PAGA”). See Robert Lacour v. Marshalls of California, LLC, et al., 94 Cal.App.5th 1172, 313 Cal.Rptr.3d 77.
Continue Reading California Court of Appeal Reminds Parties that a Plaintiff’s Pre-Litigation Notice to the LWDA Controls the Scope of PAGA Settlements
Courts have repeatedly upheld California’s “strong public policy” prohibiting agreements that restrain individuals from “engaging in a lawful profession, trade, or business of any kind.” Indeed, under Section 16600 of the California Business and Professions Code, these agreements—generally referred to as noncompete agreements—are generally void. California now seeks to enshrine additional laws strengthening its prohibition on noncompete agreements.
Continue Reading California Seeks to Strengthen Its Policy Invalidating Noncompete Agreements
California employers: take notice. On July 24, 2023, the Office of Administrative Law approved changes to the Fair Employment and Housing Act (FEHA) regulations governing how California employers can use and consider criminal history in employment decisions. These new changes, modifying Cal. Code Regs. Tit. 2, § 11017.1, go into effect on October 1, 2023.
Continue Reading California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023
Since the United States Supreme Court issued its decision in Viking River Cruises, Inc. v. Moriana in June 2022, trial courts in California have grappled with how to address the non-individual portion of a plaintiff’s PAGA claim that remains in court when a plaintiff’s individual PAGA claim is compelled to arbitration. Most trial courts have found it appropriate to stay the non-individual portion of the PAGA claim until the arbitration’s conclusion because that outcome would determine whether the employee retains standing to proceed in court. On July 17, 2023, in the highly anticipated decision of Adolph v. Uber Technologies, the California Supreme Court addressed several questions in the post-Viking River landscape, including the propriety of staying non-individual PAGA claims pending the completion of arbitration.
Continue Reading California’s High Court Authorizes Stay Of Non-Individual PAGA Claims During Pendency Of Arbitration
On May 31, 2023, the California Senate passed Senate Bill (“SB”) 553 creating new workplace violence prevention standards in California. Under the Bill, employers are mandated to develop and maintain written prevention plans tailored to their specific workplaces.
Continue Reading California Senate Bill 533 Mandates That Employers Create Workplace Violence Prevention Programs
Last week, the Ninth Circuit issued an opinion in Sharp v. S&S Activewear, L.L.C. where it confirmed that music in the workplace can form the basis of a Title VII sex harassment claim even when it is (1) not directed at any particular individual employee, and (2) offends both female and male employees.
Continue Reading Ninth Circuit Says Music in the Workplace Can Form Basis for Harassment Claim Under Title VII
On March 31, 2023, Los Angeles County’s COVID-19 emergency proclamation and orders that have been in place since March 2020, will officially end. The Los Angeles County Board of Supervisors made this unanimous decision on February 28, 2023, in light of the recent progress in the COVID-19 pandemic. The official end of Los Angeles County’s COVID-19 emergency will directly impact the status of employee COVID-19 Supplemental Paid Sick Leave and Paid Vaccine Leave, both of which expire on April 14, 2023.
Continue Reading Los Angeles County to Lift COVID-19 Emergency Proclamation and Orders
California’s new bereavement leave law, which became effective beginning January 1, 2023, requires most employers to allow their employees to take up to five days of leave upon the death of certain family members.
Continue Reading California Now Requires Bereavement Leave