On February 15, 2024, California lawmakers introduced the bill AB 2930. AB 2930 seeks to regulate use of artificial intelligence (“AI”) in various industries to combat “algorithmic discrimination.” The proposed bill defines “algorithmic discrimination” as a “condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people” based on various protected characteristics including actual or perceived race, color, ethnicity, sex, national origin, disability, and veteran status.
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In High Stakes Battle Between Arbitration and PAGA, Wins, Losses, and Questions
The legal path between employee arbitration agreements under the Federal Arbitration Act (“FAA”) and representative claims under the California Private Attorney General Act (“PAGA”) has been anything but smooth. A new (albeit unpublished and uncitable) case, Piran v. Yamaha Motor Corp., et al., No. G062198, 2024 WL 484845 (Cal. Ct. App. Feb. 8, 2024)(unpub.) (“Yamaha”), helps to illustrate the challenges and unanswered questions lingering in the wake of this rapidly-developing area of law. …
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California Pay Data Reporting Portal Is Now Open – Employers Must Submit Pay Data Reports By May 8, 2024
California law requires employers with at least 100 employees and at least one California employee, to annually report pay, demographic, and other workforce data to the Civil Rights Department (“CRD”). This reporting is required under Government Code section 12999, and is part of the State’s efforts to promote equal pay. …
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Los Angeles Times Recognizes Julia Trankiem as Diversity & Inclusion Visionary
Hunton Andrews Kurth LLP is pleased to announce that labor and employment partner Julia Trankiem was recently honored as a 2023 Diversity & Inclusion Visionary in The Los Angeles Times’ third annual Diversity, Equity, Inclusion & Accessibility magazine.
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Significant Paid Sick Leave Increases for California Employers
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.
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California Seeks to Strengthen Its Policy Invalidating Noncompete Agreements
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.
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California Employers: Updated Regulations for Use of Criminal History in Hiring Decisions Go into Effect October 1, 2023
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.
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Emily Burkhardt Vicente Selected as LABJ Mentor of the Year Finalist
HuntonAK Labor and Employment partner Emily Burkhardt Vicente was honored as a finalist for Mentor of the Year by the Los Angeles Business Journal at their 2023 Women’s Leadership Symposium and Awards.
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Emily Burkhardt Vicente Nominated As DE&I Executive of the Year
HuntonAK Labor and Employment partner Emily Burkhardt Vicente was honored by the Los Angeles Business Journal’s 2023 Diversity, Equity + Inclusion Awards as a nominee for Diversity, Equity + Inclusion Executive of the Year.
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California Now Requires Bereavement Leave
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. …
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