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
As a result of Governor Newsom’s signature on SB 1162, California will soon become the largest state requiring affirmative disclosure of pay scale information, thus contributing to the state’s ongoing effort to increase pay transparency. Effective January 1, 2023, many California employers will be required to include pay scale information in job postings and disclose … Continue Reading
Last Wednesday, the U.S. Supreme Court waded into the complicated and controversial waters of California’s Labor Code Private Attorneys General Act (“PAGA”). At issue was whether pre-dispute arbitration agreements between employers and employees could be enforced to compel PAGA claims into arbitration – California courts had said no. At stake is a huge loophole which … Continue Reading
You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital. Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading
On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While … Continue Reading
The California Legislature increased the complexity of employment law in the Golden State by enacting several employment laws that will soon take effect. Below we summarize key aspects of the more significant new legislation. Intentional Failure to Pay Wages May Constitute the Felony of “Grand Theft” (Assembly Bill 1003) Under current law, employers who wrongfully … Continue Reading
In October 2019, California enacted a new law, AB 51, that on its face prohibits mandatory arbitration clauses in employment contracts. As expected, the law was immediately challenged in federal court. In the latest installment of the law’s journey through the courts, a split Ninth Circuit panel vacated a 2020 preliminary injunction that had forestalled … Continue Reading
Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading
Less than a week after adopting a controversial proposal that would have required vaccinated employees to wear masks any time they were in a room with an unvaccinated person, the California Occupational Safety and Health Standards Board voted to withdraw the proposal. The Board plans to consider a new proposal at its next regular meeting … Continue Reading
On June 3, 2021, California’s Occupational Safety and Health Standards Board (Cal/OSHA) took the first step towards adopting revised regulations relating to COVID-19 in the workplace. These revisions include updates to requirements for face coverings, physical distancing, and other preventive measures for both vaccinated and unvaccinated workers. The rules will apply in almost every workplace … Continue Reading
Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading
The range of employers who may be liable for the misclassification of workers just got bigger. On January 14, 2021, the California Supreme Court decided that the decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) applies retroactively to all non-final cases that predate the April 2018 Dynamex decision. Dynamex … Continue Reading
As we (thankfully) reach the end of 2020, we wanted to provide a year-end update on recent and upcoming state law developments. Despite the fact that state and local governments had their hands full with the COVID-19 pandemic (and passed many laws relating to that topic, which we will not cover here), they managed to … Continue Reading
As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front and center … Continue Reading
In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading
