On September 18, 2022, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 2188, which prohibits employer discrimination based on employees’ use of cannabis off the job and away from the workplace.
Continue Reading New California Legislation Protects Workers’ Personal Marijuana Use

Assembly Bill 1651 or the Workplace Technology Accountability Act, a new bill proposed by California Assembly Member Ash Kalra, would regulate employers, and their vendors, regarding the use of employee data.  Under the bill, data is defined as “any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular worker, regardless of how the information is collected, inferred, or obtained.” 
Continue Reading California Assembly Proposes Data Privacy Law for Workers

Governor Newsom has signed SB 331 (the “Silenced No More Act”) into law.  As discussed in our prior blog post, SB 331 will expand the existing restrictions on the confidentiality provisions recently put into place by SB 820 (which restricts the usage of confidentiality provisions in agreements related to sexual assault, harassment, or harassment) to also restrict the usage of confidentiality provisions related to all claims of harassment, discrimination, or retaliation under the FEHA. 
Continue Reading California Enacts Expanded Restrictions on Confidentiality Provisions

In a huge win for California employers, the California Court of Appeals recently confirmed that courts have discretion to strike claims for penalties under the Private Attorneys General Act of 2004 (“PAGA”) if the claims will be unmanageable at trial.  This decision will help employers defeat—or significantly pare down—the broad and unwieldy claims for PAGA penalties that have become popular with the plaintiffs’ bar.
Continue Reading Courts Have Authority to Strike Unmanageable PAGA Claims, Says CA Court of Appeals

Governor Gavin Newsom and the California Department of Public Health (“CDPH”) recently issued new public health requirements in response to the increasing number of hospitalizations and ICU patients in California caused by the highly contagious COVID-19 Delta variant. 
Continue Reading New COVID-19 Vaccination Requirements for California State Employees and Health Care Workers

On April 16, 2021, Governor Newsom approved S.B. 93, a statewide COVID right-to-recall law that faltered on its first attempt last October.  In the interim, a number of counties and cities passed almost identical measures, which will remain in effect to the extent they are more generous than the state law.
Continue Reading California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances

California employers may mandate employee vaccination under new guidance from the State’s Department of Fair Employment and Housing (DFEH).  With the opening up of California businesses and expansion of vaccine eligibility, a key question facing employers has been whether they can require their employees to get vaccinated.
Continue Reading CA DFEH Issues Guidance on Mandatory Employee Vaccination

Since the outset of the COVID-19 pandemic, the employment law landscape has continued to change at a rapid pace.  This includes recent changes to federal, state, and local leave requirements for COVID-19 related sick leave.
Continue Reading While Federal and California State COVID-19 Sick Leave Has Expired, Some California Localities Continue To Maintain Local COVID-19 Sick Leave Requirements