California Employment Law Update

Travis Hall

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California Would Recognize “International Workers’ Day” as a New Holiday

California Assembly Member Miguel Santiago (D-Los Angeles) has introduced legislation (Assembly Bill 3042) that would recognize “International Workers’ Day” as a public holiday for students and school employees in the state.  The bill would authorize school districts and charter schools to designate May 1 as “International Workers’ Day” with schools to be closed – and … Continue Reading

California Enacts New Protections Against National Origin Discrimination

The California Office of Administrative Law recently approved new amendments to the California Fair Employment and Housing Act (“FEHA”), strengthening the protections afforded to applicants and employees, including individuals who are undocumented, on the basis of their national origin.  Although the FEHA already prohibits discrimination and harassment on the basis of national origin, these new … Continue Reading

Supreme Court Rules in Favor of Employers in Upholding Arbitration Agreements Containing Class Action Waivers

On May 21, 2018, the Supreme Court of the United States ruled in Epic Systems Corp. v. Lewis that employers can require employees to arbitrate disputes with the employer individually and waive their right to pursue or participate in class or collective actions against their employer. Ruling 5-4 in favor of an employer’s right to … Continue Reading

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid Corp. On March 27, 2018, a Los Angeles County Superior Court jury found Rite Aid Corporation liable for just over $6 million after deciding … Continue Reading

California Abandons 30-Year-Old Test For Determining Independent-Contractor Status, Broadens Definition Of “Employee”

On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than employees). The previous standard used for classifying workers as employees or independent contractors had been in place since 1989 and was … Continue Reading

California Enacts “Ban the Box” Legislation

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018.  Known as the “Ban the Box” legislation, in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers with … Continue Reading

New Mandatory California Training on Gender Identity Harassment

On Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees.  Currently, California’s Fair Employment and Housing Act (“FEHA”) requires employers with 50 or more employees to provide at least two hours of prescribed training and education … Continue Reading

California Expands Parental Leave Protections

California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees.  Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than … Continue Reading
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