Okay. One more thing to add to your “to do” list… California employers of 100 or more employees (and/or 100 or more workers hired through labor contractors) must report 2024 pay, demographic, and other workforce data
Articles about California Labor And Employment Law.
California Civil Rights Department Releases 2025 Pay Data Reporting Guidance—Adding New Race/Ethnicity Category
The California Civil Rights Department (CRD) recently released updated guidance for the 2024 pay data reporting cycle. The updated guidance makes significant changes to the race/ethnicity categories while leaving most other aspects of the prior year reporting process in place.
Reminder to California Employers about Pay Data Reporting
The 2025 pay data reporting deadline under California law is May 14th. The California Civil Rights Department has published guidance for employers on
Don’t Forget to Submit California Pay Data!
California’s pay data reporting requirements were established under Senate Bill (SB) 973, signed into law in 2020. The law mandates that private employers
Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks
A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’ activities without their consent, violating the California Invasion of Privacy Act (CIPA). Specifically, the plaintiffs allege that the company
What Employers Need to Know About the California Transparency in Supply Chains Act
In an era where consumers are increasingly concerned about ethical sourcing and labor practices, the California Transparency in Supply Chains Act (CTSCA) stands as a significant piece of legislation.
Enacted in 2010, the CTSCA aims to combat human trafficking and slavery in global supply chains, promoting greater transparency and accountability
The Domestic Worker Bill of Rights: A Guide for Employers
The Domestic Worker Bill of Rights (California Assembly Bill 241 and Senate Bill 1015), enacted in 2013, is a California law that grants overtime pay rights to personal attendants who were not previously entitled to overtime pay under California law. Personal attendants covered by this law are entitled to overtime
Court Approves Attorney’s Fees for Employees Who Successfully Appealed Labor Commissioner’s Denial of Unpaid Wages Claim
In Villalva v. Bombardier Mass Transit Corp., employees Mark Villalva and Bobby Jason Yelverton initially filed a claim for unpaid wages relating to on-call pay with the Labor Commissioner’s office, who denied their claim and ruled in the employer’s favor. On appeal in superior court, the employees were awarded unpaid wages and attorney’s fees. The California Court of Appeal affirmed the superior court’s order, holding that Labor Code section 98.2 does not preclude the prevailing party to an appeal following a Berman hearing from recovering attorney’s fees under generally applicable attorneys’ fee provisions of the Labor Code.
Background
In actions for unpaid wages, an employee may either: (1) file suit directly in court or (2) seek administrative relief from the Labor Commissioner through a “Berman hearing” which provides an informal, streamlined process of resolving wage disputes. Once the labor commissioner issues an order at the conclusion of a Berman hearing, either party may appeal the decision to the superior court for de novo review (a review that does not afford any weight to the results of the Berman hearing). If the appealing party is unsuccessful in superior court, the prevailing party is entitled to attorney’s fees and costs against the unsuccessful appellant. Labor Code § 98.2. Section 98.2 is silent as to whether successful appellants are likewise entitled to attorney’s fees.
Appellate Court Clarifies Attorney’s Fees for Successful Appellants
In Villalva v. Bombardier Mass Transit Corp., plaintiffs worked as train dispatchers who were required to be “on-call” one weekend a month. The employees initially filed a wage claim with the Labor Commissioner’s office, seeking overtime wages (Labor Code § 1194) and wage statement penalties (Labor Code § 226) for unpaid on-call time. The labor commissioner denied the claims in their entirety, and the employees appealed to the San Diego Superior Court. Following a bench trial, the superior court awarded the employees $140,000 in back wages and penalties, and $200,000 in attorney’s fees and costs. The employer disputed only the award for attorney’s fees, contending that Labor Code section 98.2 is the exclusive method for obtaining attorney’s fees in Berman appeals. Section 98.2 provides that a party seeking appeal of a Labor Commissioner award is required to pay the other parties’ fees and costs if the appellant is unsuccessful on appeal, but defines “success” for employees as anything greater than zero. This statute therefore largely operates to discourage appeals by the employer.
The California Court of Appeal concluded that an employee who successfully appeals a Berman hearing order, and prevails in superior court, is entitled to attorney’s fees and costs. In state court actions for unpaid wages, prevailing plaintiffs are entitled to attorney’s fees and costs under Labor Code sections 218.5, 226, and 1194. The court held that the legislature did not intend for section 98.2 to displace these generally applicable fee provisions for prevailing plaintiffs. The purpose of the “unsuccessful” appealing party fee provision in section 98.2 is to discourage meritless and unwarranted appeals (mostly as to employers). The court observed that adopting the employer’s interpretation—limiting section 98.2 to only operate against unsuccessful appellants—would discourage meritorious appeals and may discourage employees from pursuing the Berman procedure, at all, for fear that it will create a potential disadvantage in the event of an adverse administrative ruling.
Takeaways for Employers
The court’s ruling favors employees by assuring that attorney’s fees are recoverable in the event that the employee elects to appeal the Labor Commissioner’s adverse order. The ruling also places Berman appellants on the same footing as plaintiffs who initially filed in state court by clarifying that generally applicable fee provisions to prevailing plaintiffs under the Labor Code are applicable whether the employee initially commenced the wage dispute administratively or in state court. This decision, coupled with Labor Code section 98.2, provides added incentives for employees to pursue appeals of adverse administrative rulings following a Berman hearing.
Cal/OSHA Provides Guidance for Managing Post-Fire Cleanup Efforts
In light of the ongoing and devastating fires in Los Angeles County, Cal/OSHA released new guidance to ensure the safety and health of workers involved in
California Pay Data Report Filing Platform Opens on February 3, 2025: A Preview of What Is to Come
Now that the holiday season is over, what better way to start the new year than talking about the filing of 2024 California pay data reports? The California Civil Rights Department (CRD) recently updated its pay data filing website to show that the 2024 filing platform will open on February
Cal/OSHA COVID-19 Regulation Sunsets February 3, 2025
The last California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 regulation came into effect on February 3, 2023, with provisions scheduled to sunset on February 3, 2025. There have been no further regulatory developments or new regulations adopted, so all but one of the features of the regulation will
CDF Webinar: Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025
With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical.
Olympic Wages Approved by Los Angeles City Council
By: Olympic Wages Approved by Los Angeles City Council
As a present to organized labor, the Los Angeles City Council voted to approve a draft of the “Olympic Wage Ordinance” that, when finalized, will have a profound impact on the City’s hotel industry–an industry experiencing an unexpected spike in demand resulting from the tragic realities of persons recently displaced by the wildfires.
The ordinance is designed to incrementally increase minimum wages for certain hotel (and other) workers by $2.50 per year until a $30/hour wage is achieved by July 2028, when the Olympics are set to begin:
- $22.50/hour eff. July 1, 2025
- $25.00/hour eff. July 1, 2026
- $27.50/hour eff. July 1, 2027
- $30.00/hour eff. July 1, 2028
In addition to wage increases, the ordinance also will increase healthcare benefit payment entitlements.
The ordinance will cover employees at Los Angeles hotels with 60 or more rooms, as well as other workers in the tourism industry, concessions, airport workers, and various others. It will also include a right-to-cure provision that requires employees to give employers advance written notice of violations of the ordinance and 30 days to cure the alleged violation before filing an administrative charge or court complaint.
Presumably, the City Council’s plan was to finalize the draft into formal law in early 2025 before the planned July 2025 wage increase. It is unclear if the impact of the wildfires will change those plans or change the ordinance in any way. Los Angeles employers in the hotel and tourism industries should keep an eye on the Olympic Wage Ordinance and the City Council’s related actions over the next few months to make sure they are prepared and compliant when the inevitable changes do come. Of course, you may contact the author of this blog or any CDF attorney for up-to-date information and guidance.
Operating Through Emergencies and Natural Disasters
We know that many employers have been impacted by the wildfires in Los Angeles.
Essential Resources for Employers Navigating Southern California Wildfires
By: Essential Resources for Employers Navigating Southern California Wildfires
At this critical time, CDF wants California employers to know that we are here to support you. To assist, we have put together a list of resources from state, federal, and other key sources to help employers navigate these difficulties and for the well-being of their workforce.
State Resources
1. California Office of Emergency Services (Cal OES)
- Website: Cal OES Wildfire Resources
- Cal OES provides real-time updates on wildfire incidents, evacuation orders, and disaster recovery resources. Employers can access information on state assistance programs, including grants and loans for disaster recovery.
2. California Employment Development Department (EDD)
- Website: EDD Disaster Services
- EDD offers resources for businesses and employees affected by wildfires, including unemployment insurance claims for displaced workers, tax relief for impacted employers, and support for temporary closures.
3. Cal/OSHA
- Website: Cal/OSHA Wildfire Smoke Regulations
- Cal/OSHA provides guidelines on implementing protections such as air quality monitoring, providing respirators, and modifying work schedules, including wildfire smoke regulations.
4. California Labor Commissioner’s Office
- Website: Wage and Hour Compliance During Emergencies
- Employers can access guidelines on wage and hour laws during emergencies, including how to handle employee pay during business closures, remote work policies, and compliance with meal and rest break requirements during emergencies.
5. California Wildfire Recovery Resources
- Website: CA.gov Wildfire Recovery Resources
- This resource hub provides information on disaster assistance, housing resources, financial aid, and public safety updates. Employers can use this platform to stay informed about ongoing recovery efforts and resources tailored to businesses affected by wildfires.
6. CA.gov LA Fires Resource Page
- Website: CA.gov LA Fires Resources
- This dedicated resource page provides updates on wildfires in the Los Angeles area, including real-time incident information, evacuation zones, and safety alerts. Employers can access guidance on protecting employees, business continuity strategies, and links to local aid programs to assist affected communities and workplaces.
Federal Resources
1. FLSA Compliance During Disasters and Recovery
- Website: DOL Fact Sheet #72: FLSA Disasters and Recovery
- This fact sheet from the U.S. Department of Labor provides guidance on Fair Labor Standards Act (FLSA) compliance during disasters and recovery periods. Employers can find critical information on compensating employees under Federal law, including overtime rules, exemptions, and handling pay for non-exempt and exempt employees during business closures or emergencies. It also covers key considerations for record-keeping and wage adjustments in disaster-affected areas under Federal law.
2. Federal Emergency Management Agency (FEMA)
- Website: FEMA Disaster Assistance
- FEMA offers disaster assistance programs for businesses, including public assistance grants, hazard mitigation resources, and low-interest loans for recovery. Employers can also find guidance on creating business continuity plans.
3. Small Business Administration (SBA)
- Website: SBA Disaster Assistance
- The SBA provides low-interest disaster loans to businesses, nonprofits, and homeowners. Employers can use these loans to repair or replace property, equipment, and other assets damaged in wildfires.
4. Occupational Safety and Health Administration (OSHA)
- Website: OSHA Wildfire Preparedness
- OSHA offers a comprehensive guide to workplace safety during and after wildfires. Employers can access resources on hazard identification, emergency response planning, and post-fire cleanup safety protocols.
Other Key Resources
1. California Chamber of Commerce (CalChamber)
- Website: CalChamber Wildfire Resources
- CalChamber provides guidance on employer obligations during emergencies, including wage and hour considerations, leave laws, and workplace safety requirements.
2. Red Cross Ready Rating Program
- Website: Red Cross Wildfire Preparedness
- This program offers tools and resources for businesses to enhance disaster preparedness. Employers can access training materials, emergency planning templates, and recovery guides.
3. Ready.gov
- Website: Ready.gov Wildfire Resources
- Managed by the Department of Homeland Security, Ready.gov provides step-by-step guidance on wildfire preparation and response. Employers can find checklists, communication templates, and tips for protecting employees and assets.
4. Los Angeles Wildfires Resources by Economic & Workforce Development Department (EWDD)
- Website: EWDD Los Angeles Wildfires Resources
- This page provides resources tailored for businesses and workers in Los Angeles affected by wildfires. Employers can find information on workforce development services, grants, and emergency assistance programs. The platform also connects businesses with opportunities for financial relief, support for displaced employees, and guidance on rebuilding and recovery.
At CDF, we are here to support California employers and national employers with workforces in Southern California as you navigate the challenges posed by wildfires. Please do not hesitate to reach out with any CDF attorney with questions or concerns. Together, we can work toward ensuring the safety and stability of your business and employees during this difficult time.