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The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...
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October 25, 2022
New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work
Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...
Time to update your employee handbooks. Governor Newsom has signed AB 1949, making California one of the few states to mandate bereavement leave for employees, effective Jan. 1, 2023....
September 30, 2022
Article Update: California Expands Pay Transparency and Data Reporting Requirements
Update 01/19/2023: The California Civil Rights Department has updated its Frequently Asked Questions page regarding pay data reporting to reflect the new requirements flowing from SB 1162. In 2017, California led the nation...
Introducing: the California Civil Rights Department No, this is not a new government agency. Rather, the Department of Fair Employment and Housing (DFEH) was rebranded as the Civil Rights Department, or CRD, to more...
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct...
September 8, 2022
NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a...
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at the...
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...
Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act (“PAGA”) actions into individual and...
(Update 2/23/2023: The Ninth Circuit has held that AB 51, California’s attempt to ban mandatory arbitration agreements, preempted by the Federal Arbitration Act, and is therefore unenforceable. Arbitration agreements...
In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...