On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee because of their off-duty marijuana use. In enacting AB 2188, California becomes the latest ...
[Read more] about Testing for Off-the-Clock Marijuana Use Up in Smoke?
Updates
New California Law Requires Employers to Provide Pay Information in Job Postings and to Current Employees Upon Request
On September 27, 2022, Governor Newsom signed the Pay Transparency for Pay Equity Act into law. SB 1162 is the latest in a series of laws passed in Colorado, Washington, and New York City that mandates pay transparency in an effort to combat gender ...
[Read more] about New California Law Requires Employers to Provide Pay Information in Job Postings and to Current Employees Upon Request
Beware of Zombie Claims
Updated October 14, 2022
COVID-19's Long-term Effects on Litigation and Document Retention
COVID-19 and public health orders resulted in temporary closures of businesses and courts throughout the State of California. Many businesses suffer from the ...
[Read more] about Beware of Zombie Claims
The NLRA’s Not-So-Final Joint Employer Rule
This month the National Labor Relations Board (the “NLRB” or the “Board”) issued a proposal to broaden the standard for determining joint employer status under the National Labor Relations Act (“NLRA”), thereby replacing the current “final joint ...
[Read more] about The NLRA’s Not-So-Final Joint Employer Rule
Owners’ Personal Liability for Minimum Wage Violations
Court Finds Discretion “May” Not be Judicial
Business owners often incorporate their businesses to help protect personal assets. Under California law, a corporation stands as a separate legal entity and can shield its owners from personal ...
[Read more] about Owners’ Personal Liability for Minimum Wage Violations
Fundamentals of Workplace Arbitration FAQ
Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
[Read more] about Fundamentals of Workplace Arbitration FAQ
“Have a Seat” California Employees!
New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating
California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
[Read more] about “Have a Seat” California Employees!
Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims
In a closely watched case, the U.S. Supreme Court provided some welcome relief to California employers with arbitration agreements this week. The Court held that arbitration agreements that bar employees from pursuing representative claims under the ...
[Read more] about Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims