California Employers Blog

Business Groups Bring Legal Challenge to California’s Prohibition on Mandatory Arbitration Agreements A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will make it unlawful for California employers to require employees to sign arbitration agreements beginning January 1, 2020. In addition to the U.S. Chamber, the December 6…
Supreme Court’s Decision Not To Review California’s Arbitration Framework Means We Have A Roadmap For Compliance The U.S. Supreme Court just did something that was more than just a bit out of character—it rejected the opportunity to find that California had once again overstepped its bounds by creating judicial rules disfavoring arbitration. It did so by rejecting the highly watched petition for certiorari that arose from Ramos v. Winston & Strawn. The October 7 determination…
When it comes to paying your arbitration fees in whole and on time, the stakes for California employers just got more serious. Under legislation just signed by Governor Newsom, a drafting party that fails to pay arbitration fees and costs in employment or consumer disputes is subject to some fairly significant ramifications. They include not being able to compel arbitration and being forced back into court. Did that get your attention? Read on to get…
Between pumpkin carving and cookie baking, Californians now have one more thing to add to their holiday to-do lists: reviewing their standard settlement agreements to remove any no-rehire provisions. California employers have until the end of the year to revise their agreements to comply with AB 749, the legislation signed into effect by Governor Gavin Newsom October 12. What do California employers need to know about this new law? The Basics It is very common…
A big focus of the #MeToo movement over the last several years has been on efforts to increase the statute of limitations for bringing sexual harassment claims. Governor Newsom just signed into law Assembly Bill 9 (Reyes), which will extend the deadline for filing an employment-related administrative complaint with the Department of Fair Employment and Housing (DFEH) by two years. Under existing law, individual employees have one year to file an administrative charge with DFEH…
Following San Francisco’s lead, California will soon significantly expand the obligation of most employers to provide break time and a location to express breast milk. The new law, just signed into effect by Governor Newsom on October 10, 2019, will become effective January 1, 2020. What do California employers need to know about their new obligations? Federal, State, and Local Governments Get Involved As we discussed last year, one of the more popular public policy…
It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of the flurry of activity is behind us and hundreds of bills now sit his desk for either a signature or a veto. The big employment issue for California employers in 2019 has been continuing fallout from the…
Last year was a devastating wildfire season in California – one of the worst ever on record.  And while things are relatively quiet (thus far) in 2019, that can change in an instant.  In response to the hazards these fires may present to workers, Cal/OSHA recently adopted an emergency regulation to protect outdoor workers from wildfire smoke.  That emergency regulation went into effect on July 29, and imposes various obligations on impacted employers – including…
California Employers Should Monitor These 10 Critical Bills as the Legislative Year Comes to a Close As the 2019 legislative year is about to come to a close, there are a number of critical labor and employment proposals still making their way to Governor Newsom’s desk. With just four short weeks remaining for the Legislature to pass bills, there will be a flurry of activity as everyone watches to see which bills cross the finish…
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