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Governor Newsom Signs Law Prohibiting Employment Race Discrimination Based on Hairstyles Governor Newsom recently signed legislation to provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also includes discrimination based on hair texture and protective hair styles.  This new law goes into effect on January 1, 2020. California employers will need to review workplace grooming standards in order to ensure compliance with the law. The legislation, Senate Bill
California Bill Would Prohibit Employment Race Discrimination Based on Hairstyles A measure currently pending in the California Legislature, and garnering wide bipartisan support, would provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also includes discrimination based upon hair texture and hairstyles.  If enacted into law, this bill will require California employers to re-evaluate workplace grooming standards applicable to their work sites in order to ensure compliance with…
Looking Ahead – California Legislature to Address Dynamex and a Host of New Employment Proposals February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead. Although new ideas can be added later through the “gut and amend” process, we now have a fairly clear sense of the labor and employment issues…
Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is particularly true if the Department of Health points out that doctor’s errors.  However, as you know, real life is not that simple. In a case published last week, the California Court of…
A New Year’s Gift for California Trucking Companies: Meal Period and Rest Break Laws No Longer Apply It’s official: California’s infamous meal period and rest break laws no longer apply to truck drivers regulated by the U.S. Department of Transportation’s hours-of-service requirements. Following a petition from the American Trucking Association (ATA), the Secretary of Transportation deemed California’s onerous meal and rest break laws to be preempted by federal law on December 21, and therefore no longer…
On January 1, 2019, the state minimum wage in California increased again.  It is now $12.00 per hour for employers of 26 or more employees and $11.00 per hour for employers of 25 or fewer employees.  Local minimum wages are increasing as well.  On January 1, 2019, the minimum wage in the City of San Diego increased to $12.00 per hour for all employers, and the minimum wage in the City of Oakland increased to…
December 3 was the first day of the new legislative session in California. It was a day of festivities and ceremony, as new members were sworn into office and Democrats had their first taste of the “super-duper majority” dominance in both houses of the legislature. December 3 was also the first day that members could introduce bills for the 2019-2020 legislative session. If the first day is any indication, there is one issue that will…
While much of the attention this midterm election has been focused on Congress and federal issues – the “blue wave” and a “referendum” on the Trump presidency – California employers know all too well that employment and labor policy is largely being driven at the state and local level. The split in Congress between the Republican-led Senate and the Democrat-controlled House means that we can expect continued gridlock and lack of significant federal legislation on…
The Ghost of Borello Returns This Halloween! Court Holds Dynamex ABC Test Applies Only to Wage Order Claims As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for businesses to classify workers as independent contractors. A few days ago, a California Court of Appeal held that…
That’s a Wrap!  Fisher Phillips Comprehensive Guide to New California Employment Laws Enacted by Governor Brown This past Sunday (September 30) represented the deadline for Governor Brown’s final actions on legislative measures, and his final term as California’s governor will come to an end in a few short months. A whopping 684 measures were introduced in the Senate in 2018, while 1,531 were introduced in the Assembly this year. We recently summarized the more significant…