Pietro Deserio
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Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have addressed previously in this blog. With this new amendment, there are now more than 100 exemptions and limitations to … Continue Reading
In addition to the #MeToo inspired legislation, which we covered in a recent blog post, Governor Brown signed several other pieces of legislation amending existing laws and imposing new requirements regarding employment. Here are our “Bill Bites,” which provide a snapshot of the new laws PAGA Does Not Apply to Construction Workers: Assembly Bill 1654 … Continue Reading
This weekend Governor Brown signed many laws that were authored and gained traction in response to the #MeToo movement: New Restrictions On Confidentiality Of Sexual Harassment/Discrimination Settlements Senate Bill 820 prohibits confidentiality or non-disclosure provisions in settlement agreements that prevent the disclosure of factual information involving allegations of sexual misconduct – unless the party alleging … Continue Reading
Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation. This disclosure must be provided to a client as soon as reasonably possible before the client agrees to participate in a mediation. Lawyers also will be required … Continue Reading
On Tuesday, the United States of America filed a lawsuit in federal court in Sacramento, naming California Governor Jerry Brown and Attorney General Xavier Becerra as defendants, and claiming that California’s proclaimed status as a “sanctuary state” puts federal agents in danger. Specifically, the lawsuit targets three state laws that became effective on January … Continue Reading
Last night, Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal implications, are somewhat more complicated than several news and entertainment outlets are reporting today. The term “inclusion rider” … Continue Reading
The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who claimed they were paid far below the minimum wage. Although relatively rare, the Labor Commissioner does occasionally bring charges against California employers for … Continue Reading
San Francisco has become the latest jurisdiction to pass a law restricting employers from inquiring about prior salary history during the hiring process. The ordinance, which will go into effect on July 1, 2018, will restrict employers from: (i) considering or relying on an applicant’s salary history as a factor in determining whether to make … Continue Reading
Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment agreement due to a provision in the agreement identifying Indiana as the parties’ choice of forum and that state’s law as the parties’ choice … Continue Reading
As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017, and California employers will be required to give written notice of workplace rights that must be provided to victims of domestic violence, sexual assault, and stalking. The Labor Commissioner has just posted a form … Continue Reading
In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017. The new rules further expand the Fair Employment and Housing Act’s (FEHA) role in preventing discrimination in employment and housing on the basis of gender … Continue Reading
Last month the Department of Fair Employment and Housing (DFEH) announced the release of a new guide for California employers on the steps they should take to prevent and correct workplace harassment. The nine page document provides employers with a helpful FAQ-style guide to maintaining an effective anti-harassment program, appropriately responding to employee complaints, and … Continue Reading
According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading
On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. Although some exceptions … Continue Reading
We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a condition of employment, will begin applying to agreements entered into, modified, or extended beginning on January 1, 2017. … Continue Reading
Around this time last year, Section 1197.5 of the California Labor Code was amended by S.B. 358 in order to “eliminate the gender wage gap in California.” Among other things, the amendment sought to increase wage transparency and made it more difficult for employers to defend against gender-based equal pay claims. On September 30, 2016, … Continue Reading
In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although California law prohibited employers from asking about or considering arrests or detentions that did not result in convictions, the law did not impose any restrictions regarding what types of convictions employers could ask about … Continue Reading
California Amends Independent Contractor Law (Again) – New Exemptions for Music Industry Workers, Freelance Writers and Photographers
By Tony Oncidi, Kate Gold and Pietro Deserio on Posted in California Labor & Employment Law, Independent Contractors
“Bill Bites” – More New Labor and Employment Laws in California
By Tony Oncidi and Pietro Deserio on Posted in New and Proposed Laws and Legislation, PAGA
Governor Brown Signs Slew Of #MeToo-Inspired Laws
By Tony Oncidi and Pietro Deserio on Posted in Discrimination, Gender discrimination, Harassment, New and Proposed Laws and Legislation, Retaliation, Settlement, Sexual Harassment
California Imposes New Mediation Disclosure Requirement On Attorneys
By Tony Oncidi and Pietro Deserio on Posted in New and Proposed Laws and Legislation
Federal Government Challenges California’s “Sanctuary State” Status
By Tony Oncidi and Pietro Deserio on Posted in Immigration, New and Proposed Laws and Legislation
“Inclusion Riders” On The Storm
By Tony Oncidi and Pietro Deserio on Posted in Discrimination, News
California Labor Commissioner Issues $500,000 Citation Against Los Angeles Restaurant For Labor Code Violations
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Minimum Wage, News
San Francisco to Bar Employers from Seeking Disclosure of Salary History
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Employment Policies, Equal Pay Act, New and Proposed Laws and Legislation
California Employee Required to Challenge Non-Compete Clause in Indiana
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Employment Contracts, Non-Competition Covenants
New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)
By Tony Oncidi, Jeremy M. Mittman and Pietro Deserio on Posted in California Labor & Employment Law, Employee Handbooks, Employment Policies, Harassment, New and Proposed Laws and Legislation, Retaliation
New Transgender Identity and Expression Regulations (July 1, 2017)
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Discrimination, Employee Handbooks, Employment Policies, FEHA, New and Proposed Laws and Legislation, Retaliation
DFEH Releases Guidelines On Preventing and Correcting Harassment
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Harassment, News, Sexual Harassment
Handful of State “Job Killer” Bills Move On to Second House
By Tony Oncidi and Pietro Deserio on Posted in California Labor & Employment Law, Discrimination, Equal Pay Act, FMLA, New and Proposed Laws and Legislation, News, Pregnancy Leave
Los Angeles’ New “Ban the Box” Ordinance Prohibits Employers From Asking Job Applicants About Their Criminal History
By Tony Oncidi, Jeremy M. Mittman and Pietro Deserio on Posted in California Labor & Employment Law, Employment Applications, New and Proposed Laws and Legislation
FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements
By Tony Oncidi, Elaine H. Simson, Hal Brody and Pietro Deserio on Posted in Arbitration Agreements, Attorney's Fees, Employee Handbooks, Employment Contracts, New and Proposed Laws and Legislation
California Broadens Its “Fair Pay Act” to Prohibit Race And Ethnicity Discrimination
By Tony Oncidi and Pietro Deserio on Posted in Discrimination, New and Proposed Laws and Legislation, PAGA, Wage and Hour
