On September 27, 2021, Governor Newsom signed Senate Bill 646 (SB 646), which limits janitorial employees represented by a labor organization and covered by a collective bargaining agreement (CBA) in effect before July 1, 2028, from filing suit under the Private Attorneys General Act of 2004 (California Labor Code §
Articles Discussing General Workplace Issues in California.
On September 27, 2021, the Governor of California signed Assembly Bill 73 (AB 73) which expands worker protections from wildfire smoke.
In response to the COVID-19 pandemic, California enacted Health & Safety Code section 131021 last year. It requires the State Department of Public Health and Office of Emergency Services
On September 27, 2021, Governor Newsom signed Assembly Bill 1033 (AB 1033), which provides that employers must grant eligible employees up to 12 weeks of job-protected time off from work annually for the purposes of providing care to a parent-in-law with a serious medical condition under the California Family Rights
There are many employment law bills currently sitting on Governor Newsom’s desk, but back in July the Governor signed Senate Bill 657 (SB 657) to make a small change assisting employers with remote workers. SB 657 allows that in any instance in which an employer is required to physically post
Last week, on September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law, employers with at least 100 employees at a single warehouse distribution center in California, or at least 1,000 employees at one or more warehouse distribution centers in California, must provide their employees with a written description of the quotas they are expected to meet. In counting employees, an employer must include workers provided through the services of a third-party employer, temporary service, or staffing agency or similar entity, if the employer employs or exercises control over the wages, hours, or working conditions of those workers.
On September 23, 2021, California’s Governor signed Senate Bill 807 (SB 807), which makes procedural modifications to how the Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. The changes include modifying when and how the DFEH can appeal adverse superior court decisions regarding the scope of
A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave. The legislation sunsets on September 30, 2021, and there is no legislation
A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave. The legislation sunsets on September 30, 2021, and there is no
Following the decision of a divided panel of the U.S. Court of Appeals for the Ninth Circuit, in Chamber of Commerce of the U.S., et al. v. Bonta, et al., to reverse, in part, a district court’s order and vacate the district court’s preliminary injunction on enforcement of Assembly Bill 51 (AB 51)
On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys General Act (PAGA). Under the 2004 law, an “aggrieved employee” is empowered to commence a PAGA representative
On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry definitions for General Warehousing and Storage, Merchant Wholesalers (Durable and Non-Durable Goods), and Electronic Shopping and
The Ninth Circuit created a judicial “tremor” on Wednesday, September 15, 2021, when it issued a ruling partially tossing out a District Judge’s Order blocking enforcement of a California law barring employers from requiring workers to sign agreements mandating arbitration of certain employment disputes as a condition of employment. In the closely watched matter of U.S. Chamber of Commerce v. Bonta, Ninth Circuit Case No. 20-15291, the Ninth Circuit partially reinvigorated California’s controversial AB 51, which not only imposed the prohibition noted above, but also imposed criminal and civil penalties on employers who attempted to require such agreements of employees.
In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees. In Chamber of Commerce of the United States of America v. Bonta, the Ninth Circuit
After the announcement of President Biden’s COVID-19 Action Plan, employers across the country, including California started to consider how to implement vaccination and testing requirements, even ahead of clear guidance from the federal government.
California already has its own Emergency Temporary Standards (ETS) which were amended in June by Cal/OSHA.
The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law with respect to arbitration agreements governed by the FAA.