As the confirmed cases of Coronavirus (COVID-19) rises in the U.S., more states are issuing directives regarding employee cost-sharing for screening and testing for the virus. Testing for COVID-19 is free if performed by the Centers for Disease Control and Prevention, however, the testing is expected to be offered more
Articles Discussing General Workplace Issues in California.
The Wild West 2020: WPI’s California Legislative Round-Up
Bruce Sarchet and Emily Patajo with Littler’s Workplace Policy Institute discuss proposed laws and regulations under consideration in California. The 2020 class of bills covers a lot of ground, from potential changes to the much-discussed worker classification test under AB 5, to antidiscrimination measures and leaves of absence amendments.
AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal landscape in California, but also the broader discussion of what the shape of the U.S. workforce will look like as we enter the third decade of the 21st century. It has raised questions of the changing nature of work, so-called “gig” employment, the on-demand economy, and whether and to what extent government should put its thumb on the scale to favor more traditional models of employment over more innovative and flexible models.
Requests to Know under the CCPA: Practical Compliance Tips
The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.
Is “Cannabis User” the Next Protected Class in California?
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.
Panic Buttons Mandated for Sacramento Hotels
As the #metoo movement strengthened in 2018, the State of California worked quickly to enact legislation requiring harassment prevention training, not just for supervisors, but for all employees. At the same time, California attempted to address the unique issues facing hotel workers, particularly housekeeping staff, through legislation that would have required hotel employers to provide their employees with “panic buttons” – portable devices that employees can quickly and easily activate to summon help if they are harassed or threatened. However, that legislation failed to pass.
California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements
The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements governed by the Federal Arbitration Act (FAA).
Love is in the Air – But Should it Be?
February is the month where romance blossoms – which means it is a great time for employers to review their policies regarding employee fraternization and intracompany relationships.
Recent Changes to the California Consumer Privacy Act (CCPA) May Require Employers to Revisit Their Privacy Notice as It Relates to Employees
Introduction: The California Consumer Privacy Act (CCPA), which took effect earlier this year, has left many employers in the Golden State scrambling to comply with privacy regulations concerning the collection and use of personal data relating to consumers. On February 10, 2020, the California Attorney General’s office released an updated version of its proposed regulations, which for the first time provided additional guidance on the notice obligations necessary in the employment context. The comment period for these proposed changes has been extended to February 25, 2020. This article addresses the recent changes incorporated into the CCPA as they concern employees.
AB 5 Under Fire in 2020
Assembly Bill 5 (“AB 5”), feared by some to be the death of independent contractor relationships in California, faces a growing number of lawsuits. Organizations representing three industries have filed lawsuits challenging the bill on constitutional grounds. In each lawsuit, the plaintiffs have sought a preliminary injunction to stay enforcement of the bill until the trial court makes a final decision. These efforts have met with mixed success.
California Court Concludes that Anti-Arbitration Law is Likely Preempted
On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was scheduled to take effect on January 1, 2020.1 In its order, the court expressly noted that it was likely that opponents of the bill would succeed on their argument that AB 51 was invalid insofar as it is preempted by federal law.
Court Issues Written Order Preliminarily Enjoining Enforcement of California’s AB 51, Hints at Future Success
On January 31, 2020, the district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California (the State) from enforcing Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). A week later, on February 7, 2020, the court issued its written order detailing the court’s reasoning for granting the preliminary injunction.
CA Attorney General Updates CCPA Proposed Regulations
Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA).
U.S. Supreme Court Asked to Review California’s Perceived Hostility to Arbitration Agreements
Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration agreement. Employers with California arbitration agreements should watch closely whether the U.S. Supreme Court takes the case and provides much-needed guidance.
Governor Already Planning Big Changes to California Leave Laws
As California employers continue to grapple with recent legislation effective January 1, California Governor Gavin Newsom is releasing his plans for even more employment legislation. Along with the Governor’s proposed budget, the Governor has announced various “trailer bills.” Trailer bills are measures that accompany the annual state budget that theoretically are necessary to implement the budget. Yet they can also be an easy way for the Governor to get difficult legislation passed, as the trailer bills only require a simple majority to pass.