California Employment Law

Commentary on Issues Facing California Employers

Latest from California Employment Law

A Chart of All of California’s State and City Paid Sick Leave Laws

January 14, 2020

It’s hard work keeping up with all nine of California’s state and municipal Paid Sick Leave Laws. But Tyreen Torner has done more than kept up. She’s compiled all of their various requirements in this handy chart. Maybe you prefer looking up the requirements yourself, which is fine. We’re not here to judge. However, if you’re looking for an easy tool to determine whether the various requirements apply, we’ve got you covered.…

California Employment Law

Court Further Postpones AB 51 (Restricting Workplace Arbitration) From Taking Effect

By Jeffrey D. Polsky

January 13, 2020

AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. She did so in response to a lawsuit by the California Chamber of Commerce and other employer groups arguing that the legislation was unconstitutional. At a hearing on January 10, 2020, Judge Mueller extended the injunction until January 31,…

California Employment Law

Several Trend-Setting New California Laws Challenged in Court (Updated 1/13/20)

By Nancy Yaffe

January 6, 2020

California is known for new employment laws that then trickle out to the east coast, the northwest, and eventually nationwide. Think back to the mandate for sexual harassment prevention training and the roll-out of paid family leave in 2004, and the state-wide statutory sick leave mandate in 2015. Yet, with new laws also come new court challenges, and several trend-setting California laws are totally or partially on hold pending further court proceedings. Here are some…

California Employment Law

Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect

By Jeffrey D. Polsky

December 31, 2019

We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect on January 1, 2020. Judge Mueller ruled that the employer groups bringing the litigation have shown a likelihood of irreparable injury if relief is not granted and that a restraining order is in…

California Employment Law

Our Updated Employer’s Guide to Doing Business in California

By Jeffrey D. Polsky

December 19, 2019

Wondering what to get the little ones for the holidays? How about an up-to-date guide to California’s unique employment laws. Imagine the looks on the little ones’ faces when they see that you’ve gotten a concise, plain-language summary of California’s unique requirements for determining independent contractor status, meal and rest periods, the Fair Pay Act, paychecks and wage statements, the various leaves of absence, and so much more. Is this something kids ask for? Not…

California Employment Law

SF Bar Assn. Presents 2019 Disability Employment Law Updates

By Jeffrey D. Polsky

December 16, 2019

The Bar Association of San Francisco is presenting a seminar: 2019 Disability Employment Law Updates. It will take place on January 16, 2020, from noon to 1:15, at the BASF Conference Center, 301 Battery St., 3rd Floor, San Francisco, CA 94111.Ben Bien-Kahn of Rosen Bien Galvan & Grunfeld LLP will present the plaintiff’s perspective and I’ll present the defense perspective. The program is approved for 1 hour of of MCLE and is sponsored by the Equality …

California Employment Law

Employer Group Sues to Block AB 51’s Ban on Arbitration

By Jeffrey D. Polsky

December 10, 2019

We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys to ensure that their clients have continued access to employee-friendly juries, rather than to arbitrators with experience understanding and applying the relevant law. We’ve written about what the law says, the economic motives behind the attacks on arbitration, and about how the law …

California Employment Law

AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well

By Nancy Yaffe

December 8, 2019

If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective January 1, 2020. That means any California employer who still relies on independent contractors as part of its workforce should be hustling to address that issue if they haven’t already. Yes, some gig economy…

California Employment Law

Service Charges vs. Gratuities and Why It Matters

By Nancy Yaffe

December 2, 2019

Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or more)? Or a true tip/gratuity (an actual discretionary amount left by the guest for the service employees)? In California, if it is a tip/gratuity, under California Labor Code Section 351, it belongs to…

California Employment Law

Preserving Your Franchise System in the Face of California’s AB5 — Webinar November 20, 2019

By Nancy Yaffe

November 12, 2019

How will AB-5 impact franchise relationships in California? What steps can franchisors take to best protect their interests in California in a post-Dynamex, post AB-5 landscape? These are some of the questions Tami McKnew and I will be answering in a reprise of a webinar we first presented on October 28, 2019. Join us on Wednesday, November 20, 2019. It’s free and you can RSVP here. The news on AB-5 has been fast…

California Employment Law

Commentary on Issues Facing California Employers

Blog Authors

A Chart of All of California’s State and City Paid Sick Leave Laws

Court Further Postpones AB 51 (Restricting Workplace Arbitration) From Taking Effect

Several Trend-Setting New California Laws Challenged in Court (Updated 1/13/20)

Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect

Our Updated Employer’s Guide to Doing Business in California

SF Bar Assn. Presents 2019 Disability Employment Law Updates

Employer Group Sues to Block AB 51’s Ban on Arbitration

AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well

Service Charges vs. Gratuities and Why It Matters

Preserving Your Franchise System in the Face of California’s AB5 — Webinar November 20, 2019

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