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 the original law, which was aimed at reclassifying
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
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 the harm desires confidentiality language to protect his or her
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 to obtain a printed acknowledgement, signed by their
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 1, 2018 that the federal government claims undermine federal immigration
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” was coined a
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 these and other types of violations. Over the entire course
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 an offer of employment or what salary to offer; (ii)
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 of law. The lawsuit, Scales v. Badger Daylighting Corp. (Case
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 that employers may elect to use to comply with