In addition to fueling the filing of more sexual harassment lawsuits across the country, the recent sexual harassment scandals involving high-powered public figures have led to legislative efforts to prevent settlements of sexual harassment suits from being “confidential,” and to disallow individuals or entities from taking tax deductions for attorneys’ fees and/or settlements related to such claims. This will have the perhaps unintended consequence of hampering settlement of these cases and instead fueling continued costly litigation in courts whose dockets are already overburdened (particularly in California).
Articles about California Labor And Employment Law.
Back to the Future: California Employment Bills Likely to Resurface in 2018
As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the legislature —or reintroduce bills that Governor Brown vetoed.
Can You Still Fire a Pot-Smoking Employee in California?
It’s a new year, and there is a lot of publicity about recreational marijuana now being legal in California. However, many people seem to have the mistaken belief that they cannot be fired or refused a job for smoking marijuana (since it’s legal and all). Wrong. It is important for both employers and employees to understand that the new law does not impact employers’ rights to maintain and enforce drug-free workplace policies and drug testing policies that make a positive test for marijuana a terminable offense (or a bar to hiring).
Dear Littler: Does Equity Compensation Count as Wages under Federal and California Law?
Dear Littler: We need to hire some key personnel for our new tech company. We intend to offer them equity in the enterprise as compensation. The equity should be very valuable in the long run, and the deal we have in mind is reasonable for our industry. But we figured we should double-check with a lawyer first: this plan is legal, right?
California’s New Form I-9 Laws Probably Affect You, Too
Several of our clients have operations in California and their HR teams are often tasked with supporting facilities and employees that are based in California. Yet another important California difference is what employers must do, and must not do, when faced with a Federal immigration compliance inspection, and important considerations as to how the company currently maintains its Form I-9 records.
New California Disability and Leave Laws – Are You Ready for 2018?
With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be compliance with these new laws—many of which will go into effect on January 1:
Down the Rabbit Hole: Will 2018 Bring Changes to California PAGA Actions?
Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, review the status of the California Private Attorney Generals Act, which authorizes employees to recover penalties for many Labor Code violations. They discuss how PAGA currently operates, explore open questions concerning the law, and summarize the recent employee-friendly Lopez v. Friant & Associates appellate court decision. Bruce and Corinn also look ahead, addressing possible legislative clarification of PAGA as well as ballot initiatives that might put PAGA amendments to a vote in 2018.
Employer Responsibilities Mount as California Fires Rage
While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high winds, the Southern California blazes are far from being contained. Without a doubt, safety and security are the highest priorities at present as this dangerous situation unfolds.
DLSE Reverses Its Position on California Rest Breaks
In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.
SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws
Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically:
City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018
The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours.
California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations; Where Do Employers Go From Here?
A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a PAGA plaintiff to succeed on a claim based on underlying violations of Labor Code section 226(a).1 In short, the court held that PAGA plaintiffs asserting such claims need not show that the violation caused “injury” or resulted from “knowing and intentional” conduct, as required for a penalty award under a related Labor Code provision.
As of January 1, Salary History Is Officially History in California
Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, explore the nitty-gritty details of California’s new salary history inquiry ban. The new law – which takes effect January 1, 2018 – prohibits employers from relying on, or seeking out, pay history information about job applicants. Bruce and Corinn discuss the evolution of California’s salary history inquiry ban, the compliance challenges it creates, and how California employers can prepare for this sea-change in hiring practices.
California to Hold Direct Contractors Jointly Liable for Subcontractor’s Unpaid Wages and Fringe Benefits
Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit payments or contributions under Assembly Bill 1701, signed into law by Governor Jerry Brown on October 14th. This joint liability requirement is codified in Labor Code Section 218.7.
California Shields Workers from Immigration Enforcement While On The Job
Effective January 1, 2018, new obligations will be imposed on California employers to shield their employees from immigration enforcement efforts in the workplace. Governor Jerry Brown signed AB 450 along with Senate Bill 54, a “sanctuary state” legislation that limits California state and local law enforcement agencies’ authority to hold, question, and transfer individuals at the request of federal immigration authorities.