It’s almost fall! As everything is rapidly becoming pumpkin-flavored, it’s time to face the music: the California Privacy Rights Act (“CPRA”) is coming for employers sooner than later.
Articles about California Labor And Employment Law.
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only.
However, Justice Sotomayor’s concurring opinion in Viking
The California Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State for certain Labor Code violations.
In June, the City of Los Angeles passed an ordinance designed to increase safety protections for hotel workers in hotels, limit daily workload, and raise hotel worker wages.
The new ordinance took effect on August 12, 2022.
Under the ordinance, a hotel employer must place on the back of the
On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil Rights Act (Unruh Act) as part of a growing resistance in
In this episode, Jen reminds listeners about their obligations under the Cal/OSHA ETS, what to do when COVID-19 hits their workplace, and how the CDPH’s revised definition of “close contact” may change your employer practices.
After an explosion of “website accessibility” cases in recent years where plaintiffs sue internet-based companies under Title III of the Americans with Disabilities Act (ADA) alleging that the websites are not accessible (usually alleged by visually impaired individuals), there is a ray of sunshine for some companies. The question of whether Title III of the ADA even applies to internet-based companies (as opposed to companies with physical storefronts) has been the subject of an ongoing debate, and inconsistent rulings, in courts.
In Martinez v. Cot’n Wash, Inc., the Second Appellate District declined to extend the meaning of “a place of public accommodation” under Title III to digital-only websites. Thus, an Unruh Act claim based on a violation of Title III cannot extend to purely digital websites and does not constitute a Title III violation. Based on this, those trying to recover against a digital-only website can only establish an Unruh Act claim under the theory of a “denial of access to a business establishment based on intentional discrimination.”
Monkeypox is now a public health emergency. In July, the World Health Organization (WHO) declared Monkeypox an international public health emergency. Last week, Governor Newsom declared a California statewide State of Emergency as a result of
The United States Supreme Court held that California’s Private Attorneys General Act rule is preempted by the Federal Arbitration Act to the extent California precludes division of PAGA actions into individual arbitrable claims and non-individual, non-arbitrable claims. On this episode of We get work™, we discuss the ramifications for PAGA actions in California now that the Supreme Court’s decision has overruled the California’s Supreme Court decision.
California’s Healthy Workplace, Healthy Family Act (the Act) requiring most employers to provide paid sick leave for covered employees went into effect in 2015. However, in 2017 and 2021, two separate California federal district courts concluded that the Act was not applicable to rail workers due to preemption by the
CDF Labor Law LLP presents an interactive panel discussion that will cover California transactional and employment law issues triggered by mergers and acquisitions. Richard Weintraub, of Weintraub Law Group, will share his 40 years of M&A experience, along with CDF employment law attorneys Mark S. Spring, John Giovannone, and Erin Owen, in this 90-minute deep dive into avoiding M&A traps.
There are significant pitfalls that could result from unknowingly acquiring or merging with a business whose house is not in order when it comes to California employment law compliance. Anticipating and managing complex employment issues that will arise in M&A events involving California businesses can lay the foundation for a successful transaction and potentially avoid substantial and unexpected liabilities.
Employment law concerns related to M&A events have become even more important than ever in light of the recently enacted Labor Code 200.3, which creates liability on the part of successor entities for wages, damages, and penalties owed to any of a judgment debtor’s former workforce. That means, that if you acquire or merge with a business, you will become automatically liable for certain judgments owed by that business unless you set up the transaction correctly. Moreover, California’s very protective labor and employment laws affect nearly every aspect of a business, its viability, revenue, and stability. Understanding how the various California employment laws affect a transaction is critical to preparing one’s business to be sold, as well as assessing the value and risks of acquiring or merging with a business.
During this webinar, attendees will hear about:
– The advantages of stock v. asset purchases as it relates to employees and employment law
– The impact of labor unions and existing collective bargaining agreements can have on a transaction
– Employee classification and potential consequences of misclassification
– Wage and hour compliance assessment and troubleshooting and how to best spot potential problems
– Potential Cal/WARN Act requirements attendant to the transaction
– Managing vested vacation banks and vacation liability when acquiring or selling a business with California employees
– Integration of new employment policies and practices
Who should attend?
Anyone who owns or represents a business that:
– Hopes to one day sell their California business interests;
– Is in the process of selling their business interests where those interests involve California employees; or
– Plans to, is considering, or is actually in the process of buying or merging with another business that has employees in California.
On September 15, 2022, the California Occupational Safety and Health Standards Board will continue the long and arduous journey to establish COVID-19 safety measures in the workplace. Since the California Division of Occupational Safety and Health’s (Cal/OSHA) initial ETS took effect in November 2020, the Standards Board has addressed the
On July 27, 2022, the Director of California’s Department of Finance sent a letter to Governor Gavin Newsom and other state officials, noting that the Department had determined poor economic conditions necessitated expedited increases to the minimum wage.
California voters almost had the opportunity to vote on an $18 minimum wage in November 2022. The State has a unique administrative process by which California citizens can propose laws and constitutional amendments without the support of the state government.
The $18 an hour proposition called, “The Living Wage Act
In March 2022, the California Department of Public Health (CDPH) dropped universal indoor masking, though masking was still required in certain places. By April 2022, most counties had also ceased universal indoor masking requirements. However, recently, the Los Angeles County Department of Public Health (LACDPH) stated if the uptick in