California Labor & Employment Law

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This bill prohibits a commercial online entertainment employment service provider that enters into a contractual agreement to provide specified employment services to an individual paid subscriber from publishing information about the subscriber’s age in an online profile of the subscriber and would require the provider, within five days, to remove from public view in an online profile of the subscriber certain information regarding the subscriber’s…

Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings, depending on the employee’s income (subject to a maximum weekly benefit limit). In addition, the current seven-day waiting period to receive benefits is eliminated. (AB 908.)

Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee of his or her rights established under those laws by…

A provision within a settlement agreement that prevents the disclosure of factual information that establishes a cause of action for civil damages for a felony sex offense; an act of childhood sexual abuse; an act of sexual exploitation of a minor; or an act of sexual assault against an elder or dependent adult that is entered into on or after January 1, 2017 is void…

This bill requires by January 1, 2019 that the Division of Occupational Safety and Health propose to the Occupational Safety and Health Standards Board for the board’s review and adoption, a heat illness and injury prevention standard applicable to workers working in indoor places of employment. (SB 1167.)

A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied: (1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is…

This bill expands the prohibition on smoking in a place of employment to include an owner-operated business. It also eliminates most of the specified exemptions that permit smoking in certain work environments, such as hotel lobbies, bars and taverns, banquet rooms, warehouse facilities, and employee break rooms. (ABX2-7.)

Jorge v. Culinary Inst. of Am., 3 Cal. App. 5th 382 (2016)

Leopoldo Jorge, Jr., sued Almir Da Fonseca and his employer, the Culinary Institute of America, for injuries Jorge sustained when he was struck by a car driven by Da Fonseca. Da Fonseca, who is employed as a chef instructor for the Institute, had finished his shift and was driving home in his

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Local TV, LLC v. Superior Court, 3 Cal. App. 5th 1 (2016)

Kurt Knutsson, a technology reporter who created “Kurt the CyberGuy” video segments for use on television news programs and station websites, sued Local TV for the use by its stations of CyberGuy material. Although Knutsson had entered into a written agreement pursuant to which the CyberGuy material was distributed to the websites…

Dang v. Maruichi Am. Corp., 207 Cal. Rptr. 3d 658 (Cal. Ct. App. 2016)

Khanh Dang sued his former employer for wrongful termination in violation of public policy, claiming that Maruichi had discharged him for engaging in concerted activity relating to unionizing efforts. The trial court granted Maruichi’s motion for summary judgment on the ground that it lacked jurisdiction because Dang’s claim was preempted…