On December 18, 2019, Cal/OSHA issued a news release outlining California’s fatal workplace injury data for 2018. Each year California, in conjunction with the U.S. Bureau of Labor Statistics, conducts a Census of Fatal Occupational Injuries (“CFOI”). Cal/OSHA uses the data from the CFOI to help inform its enforcement and education priorities.
Articles about California Labor And Employment Law.
Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law, AB 5, with respect to app-based transportation providers and delivery drivers. Under California state law, the initiative’s sponsors may now begin collecting signatures to put the matter on the November 2020 ballot.
2020: The Year Ahead for Employers and The California Year-End Summary
Welcome and thank you for your interest in the 2020: The Year Ahead for Employers and the California Year-End Summary.
CCPA Is Here, and it Does Have Requirements for Employees, Applicants, etc.
Some business leaders and HR professionals may be waking up this morning not realizing they must provide a “Notice at Collection” to some or all of their employees and applicants under the new California Consumer Privacy Act (CCPA).
Enforcement of California’s Anti-Arbitration Law Put on Hold
A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020. Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require applicants, employees, and potentially independent contractors in the Golden State to waive any right, forum, or procedure established by the California Fair Employment and Housing Act and the Labor Code. Earlier this month, a coalition of national and state trade associations filed suit to enjoin the law from taking effect.1 The court granted the plaintiffs’ motion for a temporary restraining order on December 30, 2019.
California Bar on Mandatory Arbitration Agreements in Employment Temporarily Enjoined
The State of California has been temporarily enjoined from enforcing its prohibition on mandatory employment arbitration agreements under Assembly Bill 51. Chamber of Commerce of the United States, et al. v. Becerra, et al., No. 2:19-cv-2456 (E.D. Cal. Dec. 30, 2019). The motion for a preliminary injunction is set for a hearing on January 10, 2020.
2020 Brings Changes to California Employment Laws
As 2019 comes to a close, here is a look ahead to some of the legislation going into effect on January 1, 2020, that affects employers in California.
CCPA Notice of Collection – Are You Collecting Geolocation Data, But Do Not Know It?
Businesses subject to the California Consumer Privacy Act (“CCPA”) are working diligently to comply with the law’s numerous mandates, although final regulatory guidance has yet to be issued. Many of these businesses are learning that AB25, passed in October, requires employees, applicants, and certain other California residents to be provided a notice of collection at least for the next 12 months. These businesses need to think about what must be included in these notices.
California Bar on Mandatory Arbitration Agreements in Employment Challenged, Injunction Sought
The U.S. Chamber of Commerce and other business organizations have filed suit in federal court against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Chamber of Commerce of the United States v. Becerra, No. 2:19-cv-2456 KJM DB. Alternatively, the lawsuit seeks a declaration that AB 51’s express FAA carve out provision, which protects arbitration agreements otherwise enforceable under the FAA, applies to both enforcement and formation of arbitration agreements.
Are shareholders considered “consumers” under the CCPA?
It’s hard to understate the range of issues the California Consumer Privacy Act (the “CCPA”) raises for covered businesses and their service providers. One of those issues involves the meaning of “consumer.” If you have been following CCPA developments, you know that at least for the first 12 months the CCPA is effective, the new law will, to a limited extent, apply to personal information of certain employees, applicants, and contractors. See AB 25.
U.S. Chamber of Commerce Files Suit to Halt AB 51
California employers are not alone as they wrestle with AB 51’s January 1, 2020 new law on mandatory arbitration agreements. (For background on AB 51 see our article). On December 6, 2019, the U.S. Chamber of Commerce and other business organizations filed suit against the State of California to have AB 51 declared preempted by the Federal Arbitration Act (FAA). Alternatively, the lawsuit seeks a declaration that AB 51’s express FAA carve out provision, which protects arbitration agreements otherwise valid under the FAA, applies to both enforcement and formation. The case is filed in the Eastern District of California as Chamber of Commerce of the United States v. Becerra, Case No. 2:19-cv-2456 KJM DB.
National and State Trade Groups Sue to Strike Down California “Anti-Arbitration” Law
On Friday, December 6, 2019, a coalition of national and state trade associations filed suit in California federal court seeking to strike down the state’s recently enacted “anti-arbitration” law, A.B. 51.1 A.B. 51 effectively prohibits the formation and use of pre-dispute arbitration agreements in the employment setting. The California state legislature passed the bill earlier this year, and Governor Gavin Newsom (D) signed it into law on October 10, 2019. The law is scheduled to go into effect on January 1, 2020, but the business groups will be asking the court to issue a preliminary injunction preventing the law from taking effect.
The California Supreme Court to Decide Dynamex Retroactivity
The California Supreme Court announced that it would decide whether its April 30, 2018 landmark Dynamex decision is retroactive. The Supreme Court’s determination will have a significant impact on companies utilizing independent contractors in California.
California’s Continued Reaction to #MeToo Two Years Later – the Good, the Bad, and the Ugly
Helene Wasserman, Los Angeles-based Littler Shareholder and Trial Practice Group Co-Chair, reflects on some good, bad, and ugly impacts of the #MeToo movement since its inception, including recent legislative developments affecting California employers in particular. Discussing training, arbitration agreements, and the extended statute of limitations for FEHA claims with Littler Learning Group’s Marissa Dragoo, Helene provides insights and guidance for California employers as we move into the third year of the cemented #MeToo movement.
California Supreme Court Agrees to Hear Dynamex Retroactivity Question
On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company using independent contractors in the Golden State.