Preview of Final Month of Legislative Session
As the Legislature reconvenes for its final month of session, it will face more than one thousand bills and numerous high-profile issues to resolve. Although the state budget is done and the most comprehensive data privacy bill in the nation was enacted prior to the summer recess, many more complex issues remain to be addressed. […]
Dynamex Decision Should Be Addressed by the Legislature
The California Supreme Court issued a decision on April 30, 2018 in Dynamex Operations West Inc. v. Superior Court which significantly changed the standard for determining independent contractor versus employee status in California. The state’s business community is deeply troubled by this court decision and believes that the Legislature needs to urgently consider a bill to address […]
Why AB 3080 Is Preempted by Federal Law
With much fanfare, Assemblywoman Lorena Gonzalez Fletcher (D-San Diego) has presented her AB 3080, an attempt to preclude the prospective use of non-disclosure and arbitration agreements. Although the measure is presented in the context of the #MeToo movement, the bill applies to all claims under the California Labor Code and the Fair Employment & Housing […]
Arbitration Agreements and NDAs Are Not the Same
Arbitration agreements and non-disclosure agreements (NDAs) have recently been in the news due to the sexual harassment scandals involving politicians in Washington, D.C. and Sacramento, as well as members of the media and Hollywood moguls. Readers should be aware that these agreements are two separate and distinct types of legal documents, yet both are being […]
Will 2018 Bring More Employment Mandates on California’s Business Community?
As the 2018 California Legislative Session commences on January 3, the business community must remain vigilant about those bills that could present new, burdensome changes in state labor and employment laws. The 2017 Session saw a large number of significant labor and employment laws get enacted that impose significant burdens upon employers in California, including […]
Why State Efforts to Preclude Arbitration Usually Violate Federal Law
The Federal Arbitration Act (FAA) provides that agreements to arbitrate “shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (see 9 USC Section 2) How has the U.S. Supreme Court viewed the reach of the FAA and state efforts to limit […]
2018 Brings New Rules for Immigration Worksite Enforcement Actions
Governor Jerry Brown signed AB 450 (Chiu – San Francisco) on October 4, 2017 as Chapter 492 dealing with immigration worksite enforcement actions. Effective January 1, 2018, California employers need to be aware of the numerous provisions of this new law. This bill adds Government Code Section 7285.1 to prohibit an employer (or a person acting […]
2018 Brings Yet Another Minimum Wage Hike
Just like earlier this year, because of the enactment of SB 3 (Leno) in 2016, California’s minimum wage is going up again. On January 1, 2018, the state’s minimum wage will be increased for all sizes of businesses as “small employers” will see their first wage hike in recent years. Under prior state law, the […]
2018 Brings New Protections for Employee Whistleblower Complaints
On October 3, 2017, Governor Jerry Brown signed Senate Bill 306 (Hertzberg – Van Nuys) as Chapter 460, which takes effect on January 1, 2018. This bill substantially changes the laws regarding employee retaliation actions and tips the scales in favor of employees. Under SB 306, the Department of Labor Standards Enforcement (DLSE) is authorized […]
2018 Brings New Protections for Job Applicants with Criminal History
Governor Jerry Brown signed AB 1008 (McCarty – Sacramento) on October 14, 2017 as Chapter 789 to address employment discrimination based upon criminal conviction history. Employers in California need to be aware of this bill’s numerous provisions that take effect on January 1, 2018. This new law adds Section 12952 to the Government Code to provide […]