Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws
Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California
Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court
Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided. In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments
Written by Susan Kohn Ross California has officially reopened today – June 15th. Nonetheless, there are some restrictions which remain in place. On June 14th, California posted guidance for various industries, see here. When it comes to office operations, those restrictions remain unchanged as the existing Cal-OSHA recommendations are not yet updated. At the same time, Cal-OSHA has posted a new guidance – see here … Continue reading California Reopens – What Does That Mean?
Written by Susan Kohn Ross and Thea Rogers As most everyone is by now aware, Los Angeles officials, both at the County and City level, have issued additional COVID-related restrictions on almost all industries, such that everyone living and/or working in L.A. is now operating in lockdown “Round 2” and is being told to basically – just stay home! A question we have repeatedly received … Continue reading Do You Operate a Los Angeles-Based Office? Work in One? Read This – Especially if your business is considered essential!
Written by Susan Kohn Ross and Thea Rogers The State of California issued a new stay at home order on November 19, 2020, in advance of the Thanksgiving holiday and some degree of tumult has ensued. This latest order supersedes the one we covered last week, which you can see here. As much as 94% of the State is in the most restrictive or purple … Continue reading Can We Or Can’t We – Operate, That Is!
Written by Susan Kohn Ross California Governor Newsom and State public health officials announced significant changes to COVID restrictions, effective November 17, 2020, as the rise in virus-related illnesses and deaths skyrockets. Specifically, California employs a color-coded tier system with the severity of the virus outbreak dictating into which tier a county falls, affecting the extent to which businesses may operate. The color coding is … Continue reading California Tightens COVID Restrictions
Written by Jeremy Mittman and Adé Jackson Earlier this month Governor Newsom signed AB 2257, which was the culmination of a furious lobbying effort by specific industries (only some of which were successful) to amend California’s new independent contractor law (also known as “AB 5”). It was also considered a “cleanup” bill to tinker around the edges of the law’s requirements. Much of the controversy … Continue reading Independent Contractor or Employee? With Recent Amendments to California’s AB 5 Law, The Battle Continues
Written by Jeremy Mittman and Stephen Franz On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (“AB”) 1867. AB 1867 amends the Labor Code and requires, among other things, that private employers with 500 or more workers (i.e. those that are excluded from the Families First Coronavirus Response Act) provide COVID-19 supplemental paid sick leave beginning September 19, 2020. The Purpose of AB 1867: … Continue reading COVID Continuation: California Expands Supplemental Paid Sick Leave Coverage for Employers With Over 500 Employees