On June 27, 2024, the California Legislature passed AB 2288 and SB 92, compromise legislation that reformed the Private Attorneys General Act (PAGA) and averted a ballot measure that threatened to repeal the law entirely this November.  We previously reported on the compromise here when the deal was announced, and published a primer on the substantive changes to the law here.

Arguably the

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA).  We previously reported on the legislative compromise last week, when the deal was first announced.

The most profound changes are contained in AB 2288, which amended Labor Code § 2699—the beating heart of PAGA.  AB 2288 makes several significant changes to the

In 2018, California’s statewide Fair Chance Act (“FCA”) went into effect, imposing limitations on employers’ consideration of applicants’ criminal records and requiring a fair chance process before a candidate’s offer was revoked.  A year earlier, the City of Los Angeles had enacted its own Fair Chance Initiative for Hiring, which imposed similar obligations on employers within the boundaries of the City.  Now, Los Angeles County

With the sweeping presence of technology today, the boundary between work life and home life has become increasingly blurred. A new bill recently introduced to the California legislature seeks to change that by protecting employees’ “right to disconnect.”   

Assembly Bill 2751, introduced by Assemblyman Matt Haney (D-San Francisco), proposes to add a Section 1198.2 to the Labor Code that would effectively prevent employers from contacting employees

Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job Killer Bills.”

Once again, this list proves that former California Governor Jerry Brown had it right when he wrote in a legislative veto message: “Not every

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

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 support—presumably in recognition that victims and employers

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include:

  • Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median salaries paid to men and women under the same

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold contracts to arbitrate unconscionable than other contracts,” despite directives from the High Court that arbitration agreements must be placed “upon the same footing as other contracts.”

Not to be outdone by the courts, the California Legislature decided to weigh in on the ongoing battle over arbitration agreements with the introduction of Assembly Bill 465 (“AB 465”) earlier this year.

Governor Brown signed Senate Bill 292 this week, amending the Fair Employment and Housing Act to allow an employee claiming sexual harassment to prevail without having to show that the allegedly harassing conduct was motivated by the harasser’s “sexual desire.” S.B. 292 was authored by Senate majority leader Ellen M. Corbett and principally sponsored by the California Employment Lawyers Association, an organization of attorneys that