The end of the year poses unique challenges for employers seeking to reward employees and at the same time stay compliant with hyper-technical legal mandates. No aspect of employment relationships is simple or intuitive in California and that is ...
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Updates
New California Law Limits Employer’s Ability to Require a Driver’s License for Job Applicants
Effective January 1, 2025, job postings, applications and other pre-employment materials cannot indicate that an applicant must have a driver’s license unless certain conditions are satisfied.
New FEHA Amendment
On September 28, 2024, Governor ...
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PAGA Exemption for Unionized Construction Industry Employers Extended to 2038
Background
The Private Attorneys General Act of 2004 generally enables California employees to sue their employers on behalf of themselves and other “aggrieved employees” to recover civil penalties for Labor Code violations. In 2018, legislation ...
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Public Employers Not Subject to PAGA, Private Employers Must Still Comply
Originally published for HR California
California’s Private Attorneys General Act (PAGA) allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the state of California for Labor ...
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California Supreme Court Affirms that Single Use of N-Word Can Be Severe Enough to Constitute Harassment Under FEHA
On July 29, 2024, the California Supreme Court issued an opinion in Bailey v. San Francisco District Attorney’s Office reaffirming that the single use of a racial epithet can be severe enough to constitute actionable harassment under the California ...
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Severance Agreements: The Importance of Minding Your P’s and Q’s
When it comes time to terminate an employee or institute a reduction-in-force or layoff, many companies choose to offer severance to help the separated employee transition to future employment. Indeed, the offer of severance pay and/or reimbursement ...
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Cal/OSHA Approves New Indoor Heat Illness Rules – Affected Employers Should Act Promptly
On June 20, 2024, Cal/OSHA’s Standard Board adopted a new regulation that will require certain California businesses to prepare an Indoor Heat Illness Prevention Plan. Once effective, much like California’s current outdoor heat illness prevention ...
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California Supreme Court Upholds Good Faith Defense to Alleged Wage Statement Violations
Alleged wage statement violations are a staple of complaints in class action litigation and claims under the Private Attorneys General Act (PAGA). Labor Code section 226 requires that a wage statement accurately state nine categories of information, ...
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