Labor Code Violations

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The California Legislature recently passed Assembly Bill 1883 (“AB 1883”), which would prohibit employers from using artificial intelligence (“AI”) workplace surveillance tools for two specific purposes: recognizing employees’ emotional states or collecting employees’ neural data.

Earlier versions of AB 1883 were considerably broader. Among other things, prior versions would have restricted the use of surveillance tools to infer protected activity or protected characteristics, regulated facial-recognition…

  • High-Frequency and Vexatious Filers: § 17415(a)(2) addresses “documented instances of some attorneys filing  PAGA notices that are based on
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California continues to police artificial intelligence (“AI”) in the workplace.  Following proposed rulemaking on the use of AI for significant employment decisions, as we reported here, Assemblymember Isaac Bryan introduced Assembly Bill 1221 (“AB 1221”) this legislative session.  The bill aims to regulate workplace surveillance tools, including AI, and use of employee data derived therefrom.  Applicable to employers of all sizes, AB 1221 could…

The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to intervene or object to a settlement in a parallel action involving overlapping PAGA claims.

The structure of PAGA tends to invite the scenario facing the parties and…

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)

Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act (“PAGA”) that she worked through meal and rest periods and was not paid premiums she was owed for meal and rest breaks after her termination. The…