Throughout October 2025, California Governor Gavin Newsom signed multiple employment-related Bills into law. These new measures address a wide range of workplace-related matters, including regulations aimed at the use of artificial intelligence, updates on paid leave, and amendments to mediation procedures. While some of these Bills will be subject to legal challenges that delay or … Continue Reading
Update (10/27/2025) – On October 15, the National Labor Relations Board (NLRB) filed a lawsuit against the State of California and its Public Employment Relations Board in a California federal court seeking a declaratory judgment and an injunction against California’s recently-passed law regulating private sector labor relations when the NLRB lacks a quorum. The lawsuit … Continue Reading
In Hohenshelt v. Superior Court, No. S284498, the Supreme Court of California addressed whether the Federal Arbitration Act (“FAA”) preempts California Code of Civil Procedure section 1281.98, a provision within the California Arbitration Act that governs the payment of fees in employment and consumer arbitrations. In 2019, the California Legislature enacted section 1281.98, which seemed … Continue Reading
Squire Patton Boggs Summer Associate Akshey Mulpuri discusses legislative developments in several states attempting to address the current incapacity of the National Labor Relations Board due to lack of a quorum. Since January 27, 2025, when National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox was removed from that position, the NLRB – the … Continue Reading
In a ruling that clarifies a previously unsettled area of California employment law, a California Court of Appeal affirmed the enforceability of written, prospective meal period waivers for shifts between five and six hours long. The April 21, 2025 decision in Bradsbery v. Vicar Operating, Inc. explained that advanced “blanket” waivers are valid under the … Continue Reading
California’s legislative landscape is set to shift dramatically with the recent passage of the California Worker Freedom from Employer Intimidation Act, Senate Bill 399. Set to take effect on January 1, 2025, this new law promises to reshape the dynamics of employer-employee communications, particularly in matters related to politics and labor unions.… Continue Reading
On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 and Senate Bill 92 significantly reforming California’s Private Attorney General Act (“PAGA”). Twenty years ago, PAGA was enacted as a mechanism to allow California employees to collect penalties for Labor Code violations on behalf of the state. Since then, the statute has been … Continue Reading
We recently wrote about Colorado’s historic law aimed at protecting, among others, employees and employment applicants from harm arising out of the use of artificial intelligence (AI) systems. Although Colorado is the first state to pass legislation addressing AI-based discrimination, similar bills have been proposed in at least six other states as well as at … Continue Reading
As California employers know all too well, the state is notorious for its employee-friendly laws that can be difficult to navigate and create administrative and compliance headaches. Even the most diligent employers can find themselves on the wrong end of the law for minor, inadvertent errors, subjecting them to harsh and expensive penalties. For example, … Continue Reading
Not surprisingly, California is once again passing employment laws that impact companies beyond the state. Specifically, the Golden State is continuing its war against noncompete clauses to conform to case law stating that such clauses are void for any employee working in California — even if the employment contract containing the noncompete was signed in … Continue Reading
In Estrada v. Royalty Carpet Mills, Inc., No. S274340, 2024 WL 188863 (Cal. Jan. 18, 2024), the Supreme Court of California resolved a split among the Courts of Appeal regarding whether trial courts possess inherent authority to dismiss California Labor Code Private Attorneys General Act (“PAGA”) claims based on their lack of manageability and held … Continue Reading
Soon it will be easier for California employees to establish a prima facie claim of retaliation in violation of California law. On October 8, 2023, Governor Gavin Newsom signed Senate Bill No. 497 into law. Also referred to as the Equal Pay and Anti-Retaliation Protection Act, the legislation amends California Labor Code Sections 98.6, 1102.5 and … Continue Reading
On October 14, 2023, California’s active legislative year came to an end, leaving numerous employment law updates in its wake. This year, Governor Gavin Newsom has signed novel laws that create new rights for employees (and requirements for employers) while also amending some current laws, thereby changing existing employer obligations. Here, we summarize the laws … Continue Reading
On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 616 into law, which expands California’s mandatory paid sick leave from three days (or twenty-four hours) to five days (or forty hours). The increased paid sick leave requirements take effect on January 1, 2024. Background In 2014, California enacted the Healthy Workplaces, … Continue Reading
Latest California court decision is another example of judicial hostility to employment arbitration agreements. California employers and their employees frequently agree to resolve disputes through binding private arbitration, rather than the more time-consuming and costly process of litigating claims in court. However, to require arbitration, California employers are required to pay all fees unique to … Continue Reading
On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that could significantly change the “white collar exemptions” to the overtime compensation requirements of the Fair Labor Standards Act (FLSA). Under current law, by default all employees covered by the FLSA are entitled to overtime pay at the rate … Continue Reading
California employers enthusiastically received the decision by the United States Supreme Court in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022). That case held the Federal Arbitration Act allows employers to compel employees to arbitrate the individual part of their claim under the California Labor Code Private Attorneys General Act (“PAGA”). Some employers hoped … Continue Reading
In yet another chapter of the saga involving California and its treatment of employment arbitration agreements, a Court of Appeals recently issued two decisions examining the state’s legal standard for determining unconscionable arbitration clauses. Fuentes v. Empire Nissan, Inc., — Cal. Rptr. 3d. —, No. B314490, April 21, 2023, 2023 WL 3029968 (Apr. 21, 2023) … Continue Reading
The U.S. Court of Appeals for the Ninth Circuit struck down the California Legislature’s latest attempt in a prolonged effort to limit employers’ ability to make arbitration of all disputes a condition of employment. In an opinion issued on February 15, 2023, the Ninth Circuit ruled that the law, Assembly Bill 51, is preempted by … Continue Reading
Just in time for the new year, California employers finally received some clarity about their obligations under California’s new pay transparency law, which goes into effect on January 1, 2023. As discussed in more detail here, SB 1162 not only expands pay data reporting requirements for California employers with 100 or more employees, but the … Continue Reading
Virtually every employer in California has repeated the mantra of “no off-the-clock work” to its employees. But what about those minutes that are “on-the-clock” but remain unpaid because of rounding practices? Since 2012, when the California appellate court decided See’s Candy Shops, Inc. v. Superior Court, 210 Cal. App. 4th 889 (2012), employers have presumed … Continue Reading
California’s active legislative year has finally come to a close, with Governor Gavin Newsom signing several new laws to further regulate the workplace. Summarized below are the laws expected to most significantly impact California employers. Unless otherwise stated, these new laws take effect January 1, 2023.… Continue Reading
The California Department of Public Health (CDPH) revised its definition for what constitutes a “close contact” for purposes of Cal/OSHA’s Emergency Temporary Standard (ETS).[1] The revised definition will likely be good news for big box retailers, large manufacturers and warehouses. The rest of the state will remain bound by the existing standard.… Continue Reading
California Governor Gavin Newsom signed into law several more employment-related bills impacting an employer’s obligations relating to COVID-19. Of particular note, Assembly Bill 152 extends California’s 2022 COVID-19 Supplemental Paid Sick Leave through December 31, 2022. This means employers with more than 25 employees must continue to provide supplemental paid sick leave to employees for … Continue Reading
