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California Countdown: Which Labor & Employment Bills Will the Governor Sign?

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon these bills. Those bills that become law will take effect on January 1, 2018 unless a bill specifies an earlier or a later effective date. Included on the list of bills on the governor’s desk are numerous labor and employment items that could impact private employer operations. Below we briefly identify and summarize the more notable measures, and flag other bills employers were watching that did not progress – this round – but which could again be taken up when the legislature reconvenes on January 3, 2018.

California Legislative Wrap Up: Employment Bills Headed to the Governor

September 15, 2017 was the last day for the California Legislature to pass bills and send them to the Governor for approval. This post contains the list of key labor and employment bills that passed and will either be vetoed or signed into law by the Governor.

California Legislative Wrap-Up – Next Stop: Governor’s Desk!

The Legislature worked into the wee hours of the morning Saturday as it hit its deadline to pass legislation and send bills to Governor Brown for signature or veto.

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel Interest, Inc., No. B266461 (August 11, 2017).

California Employment Law Bills Sent to Governor’s Desk

Several California labor and employment law bills passed in both the state assembly and senate on or before the September 15, 2017, legislative deadline. Governor Brown will have until October 15, 2017, to sign or veto these bills.

California on Brink of Further Expansion of Fair Pay Protections

California’s legislature is close to passing three bills to expand the state’s fair pay laws. The bills, introduced in early 2017, were designed to expand upon, or clarify, the amended California Fair Pay Act (CFPA).

San Diego Enacts Pay Equity Ordinance for City Contractors

The City of San Diego joined a growing list of state and local jurisdictions by enacting a pay equity ordinance on July 31, 2017.

Statutory Wage and Hour Claims May Be Compelled to Arbitration Under CBA

Last week, a California Court of Appeal held that a unionized employee’s statutory wage and hour claims (meal and rest breaks, overtime) had to be arbitrated pursuant to the grievance-arbitration provisions of the applicable collective bargaining agreement (CBA). The employee had filed claims in court on behalf of a class of similarly situated employees alleging meal and rest break violations, overtime violations, and failure to timely pay wages on termination of employment. The employer moved to compel arbitration pursuant to an arbitration provision in its collective bargaining agreement with the employee’s union. The employee argued that the CBA’s arbitration provision did not apply to his statutory wage and hour claims.

The End is Near! – Follow These Labor and Employment Bills as the California Legislative Year Wraps Up

It’s a time of high-drama in Sacramento. With less than two weeks to go in the legislative year, many of the hot-button labor and employment bills we have been tracking all year await final action. Many bills are significantly amended in the last days of session as stakeholders scramble to get those final votes to the get the bill to the Governor’s desk. So keep close track of these bills because things can change in a heartbeat!

California Court Orders Arbitration of Administrative Wage Claim

This week, a California Court of Appeal confirmed that employment arbitration agreements require arbitration not only of employment claims filed in court but also of administrative wage claims filed before the Department of Labor Standards Enforcement (“DLSE”). Employers may recall that in 2013, the California Supreme Court held (after effectively being directed to do so by the U.S. Supreme Court) in Sonic-Calabasas v. Moreno that there is no blanket exemption for wage claims from an otherwise enforceable arbitration agreement, and that employees are not necessarily entitled to have their wage claims adjudicated in an administrative hearing (known as a “Berman hearing”) before the DLSE. However, the California Supreme Court left some wiggle room in its opinion by qualifying it to say that if an arbitration agreement provides an “affordable and accessible” alternative forum for resolution of the wage claim, then the agreement is enforceable and applies to require the wage claim to be arbitrated. Because of this wiggle room, lawyers continue to litigate the issue of whether administrative wage claims are subject to arbitration. In Oto, LLC v. Kho, the court held that the answer is yes.

Jackson Lewis P.C. | Washington | Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections for Pregnant Employees (September 11, 2017)

FordHarrison LLP | Florida | Non-Compete News - Florida Supreme Court Holds Referral Sources Are Legitimate Business Interests Under Florida's Non-Compete Statute (September 18, 2017)

FordHarrison LLP | New York | The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers (September 17, 2017)

Littler Mendelson, P.C. | New York | New York Paid Family Leave Benefits Law Deadline for Employers to Apply for Approval as a Self-Insured Employer Rapidly Approaching (September 13, 2017)

Fisher Phillips | California | The End is Near! – Follow These Labor and Employment Bills as the California Legislative Year Wraps Up (September 06, 2017)

Jackson Lewis P.C. | California | California on Brink of Further Expansion of Fair Pay Protections (September 15, 2017)

Ogletree Deakins | California | San Diego Enacts Pay Equity Ordinance for City Contractors (September 14, 2017)

Goldberg Segalla LLP | Pennsylvania | Pennsylvania Courts Continue to Extend Theories of Liability in Nursing Home Malpractice Cases (August 31, 2017)

Littler Mendelson, P.C. | New York | Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods (September 17, 2017)

Littler Mendelson, P.C. | California | California Countdown: Which Labor & Employment Bills Will the Governor Sign? (September 21, 2017)