California Employment Law Update

Category Archives: New and Proposed Laws and Legislation

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“Bill Bites” – More New Labor and Employment Laws in California

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

Governor Brown Signs Slew Of #MeToo-Inspired 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 … Continue Reading

California Imposes New Mediation Disclosure Requirement On Attorneys

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

New California Statute Shields Victims/Employers from Defamation Claims

California Governor Jerry Brown has signed Assembly Bill 2770 (Assembly Member Irwin; D-Thousand Oaks), an act to amend Section 47 of the Civil Code.  The bill should protect both sexual harassment victims and employers against defamation claims from alleged harassers. The bill was sponsored by the California Chamber of Commerce and passed the Legislature with unanimous, bipartisan … Continue Reading

Some California “Sanctuary State” Employer Obligations Are Struck Down

On July 4th, U.S. District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricted private employers from cooperating with federal immigration enforcement. See our previous blog post regarding the lawsuit here. Among other things, the law … Continue Reading

Supreme Court Bars Mandatory Union Dues For Public Employees

In a highly anticipated decision, the United States Supreme Court today held that it is a violation of the First Amendment to require public sector employees who are not members of a union to pay any union dues, even when a portion of those dues is attributable to the costs of collective bargaining on behalf … Continue Reading

Multiple Minimum Wage Increases and Salary-Related Ordinances Scheduled to Take Effect on July 1, 2018

In the immortal words of Mao Zedong:  “Let a hundred flowers blossom!” Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws.  Not surprisingly, no one in Sacramento seems at all concerned about the administrative burden to California employers in having to monitor and comply with so … Continue Reading

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

California Legislature Mulls New Package Of “Job Killer” Bills

By Anthony J. Oncidi and Nayirie Kuyumjian The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature. This year’s list of 27 proposed laws includes measures that would impose additional penalties for an employer’s failure to pay wages; increase the … Continue Reading

Federal Government Challenges California’s “Sanctuary State” Status

  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

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent.  The law, which the California legislature enacted in 2016, was undoubtedly one of the best things to happen to Hollywood since the invention of BOTOX.  Now, however, a court has … Continue Reading

Tax Reform Act Denies Deductions for Some Sexual Harassment Settlements

In a little-noticed provision buried deep inside the new Tax Cuts and Jobs Act (signed into law on Dec. 22) is the following “denial of deduction”: “Payments related to sexual harassment and sexual abuse – No deduction shall be allowed under this chapter for – any settlement or payment related to sexual harassment or sexual … Continue Reading

November 2017 California Employment Law Notes

We invite you to review our newly-posted November 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Statewide “Ban-the-Box” Legislation; Parental Leave Protections Expanded; California Becomes A “Sanctuary State”; Mandatory Training To Prevent Gender Identity Harassment; New Restrictions On Inquiries Into … Continue Reading

Statewide “Ban-the-Box” Legislation

Known as “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 from inquiring about or considering a job applicant’s conviction history prior to an offer of employment. Specifically, the new law amends California’s Fair Employment and Housing Act (“FEHA”) by … Continue Reading

Mandatory Training To Prevent Gender Identity Harassment

This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and … Continue Reading

Parental Leave Protections Expanded

This new law expands parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond … Continue Reading

California Becomes A “Sanctuary State”

California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order. Among other things, the new law: Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the … Continue Reading

New Restrictions On Inquiries Into Applicants’ Salary History

This law is a new statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information obtained from applicants during the hiring process. The law will apply to all private and public sector employers and will prohibit employers from: relying on salary history as a … Continue Reading

Employer Must Provide Assistance To Employees Injured By Domestic Terrorism

In instances in which the governor has declared a state of emergency in connection with an act of domestic terrorism, employers must provide immediate support to injured employees from a nurse case manager who will assist claimants to obtain medically necessary medical treatment. “Treatment” includes mental health treatment and counseling services for psychological injuries and … Continue Reading

Labor Commissioner’s Anti-Retaliation Jurisdiction Expanded

This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor … 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
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