The California Consumer Privacy Act (CCPA) takes effect in 2020, imposing strict new data privacy mandates on many companies headquartered inside — and outside — the state’s borders.  Is your company among them? Fox Rothschild’s Privacy & Data Security team has developed a free, easy-to-use online tool — CCPA Scope Adviser — that can help you answer this important question while there is still time to create a compliance plan. Don’t assume you’re outside the scope.  CCPA…

In a departure from decisions in recent years, the California high court has finally imposed some limits on the otherwise expansive reach of the Private Attorneys General Act, Labor Code § 2698, et seq. (“PAGA”). The legislation from 2002 allows one “aggrieved” employee to bring a representative action on behalf of all employees to collect penalties for certain Labor Code violations. The Supreme Court has held: that a PAGA actions does not requires class certification…

Today, Governor Newsom signed AB 5 into law, drastically altering how millions of Californians are paid and drastically altering the legal analysis involved in distinguishing between “employees” and “independent contractors.” Daniel Kitzes and Brian Casillas have prepared a thoughtful analysis of this new law. You can read it here. If you have workers in California that you categorize as independent contractors, ignore this development at your own peril.…

It looks like the back-and-forth about how much employee information will be covered under the California Consumer Privacy Act, CCPA, is likely resolved, at least for now.  The California legislature recently passed AB 25, which excludes most employment information from the CCPA.  If signed by Governor Newsom, it will specifically exclude information collected by a business for an applicant, employee, owner or contractor, if the information was collected and used solely in the employment…

As part of my practice focusing on labor & employment counseling, I have developed a passion for helping entrepreneurs set up their businesses and create their corporate cultures.  All while navigating the bevy of employment laws!  Next week, I have the great honor of joining Kourtney Kardashian,  Giuliana Rancic and a roster of awesome leaders to inspire female entrepreneurs at the Create + Cultivate San Francisco conference.   On September 21st,  I’ll be a…

In 2018, California passed numerous pieces of legislation in response to the #MeToo movement that expanded the obligations of employers to provide sexual harassment prevention training.  SB 1343 is one such piece of legislation that went into effect this year and requires that all California employers with five or more employees provide at least two hours of sexual harassment prevention training to all supervisory employees, and at least one hour of sexual harassment prevention training…

“Unconscionability” is alive and well, as last week the California high Court renewed its 30-year running dog fight with the U.S. Supreme Court over the enforceability of arbitration agreements.  In One Toyota of Oakland v. Kho (“OTO”), the California Court struck down an arbitration agreement as “unconscionable,” and allowed an employee to proceed with administrative proceedings before the Labor Commissioner in a routine wage and hour case.  While purporting to base its decision on a…