Tag: California

MSK Blog

Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

Written by James D. Berkley and Stacey Chuvaieva As MSK reported last year, there was a distinct possibility of legal, including constitutional, challenges to the new California Age-Appropriate Design Code Act (the “CAADCA”), a law aimed at protecting children online. Such predictions proved accurate and have now culminated in a ruling. On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for … Continue reading Federal Court Issues Preliminary Injunction Against California’s Recently Enacted Internet Child-Protection Law

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Labor & Employment

Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

Written by Jeremy Mittman This summer, the City of Los Angeles enacted the Freelance Worker Protections Ordinance (“the Ordinance”), setting forth certain requirements for hiring entities retaining “freelance workers” within the City of Los Angeles (“the City”). The Ordinance defines a freelance worker as an individual or entity composed of no more than one person that is hired by a “hiring entity” as a bona … Continue reading Still Have Independent Contractors? The City of Los Angeles Now Has Something to Say About That

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Labor & Employment

PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

Written by Gary McLaughlin and Kyle DeCamp On July 17, 2023, the California Supreme Court broke from the United States Supreme Court by deciding in Adolph v. Uber Technologies that a plaintiff in a Private Attorneys General Act (“PAGA”) action whose own individual claims are compelled to arbitration nonetheless retains standing to pursue representative PAGA claims in court. In Adolph, the plaintiff, Erik Adolph, worked … Continue reading PAGA Representative Claims Can Still Be Litigated In Court Despite Robust Arbitration Agreements

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Labor & Employment

Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

Written by Jeremy Mittman In a recent decision, the Ninth Circuit Court of Appeals addressed the issue of music-as-harassment in the workplace. The court recognized the impact of “sexually graphic, violently misogynistic music” in creating a hostile work environment, ruling that it could be grounds for a Title VII claim. The court’s ruling emphasizes the importance of addressing offensive conduct and provides guidance for employers … Continue reading Rapper’s (un)Delight:  Ninth Circuit Holds Blaring Rap Music in the Workplace Can Support Sex Harassment Claim

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Cybersecurity, Regulatory

Final California Privacy Regulations Approved: Key Takeaways

Written by Susan Kohn Ross and Stacey Chuvaieva On March 29, 2023, California’s Office of Administrative Law (“OAL”) approved the final text of the first part of the regulations issued by the California Privacy Protection Agency (“CPPA”) , which will take effect immediately (“Regulations”). These final Regulations provide long awaited guidance on some new concepts contained in the California Privacy Rights Act (“CPRA”) which was approved by … Continue reading Final California Privacy Regulations Approved: Key Takeaways

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Labor & Employment

Mandatory Arbitration Is Off The Ropes in California!

Reversing Itself, Ninth Circuit Invalidates California’s Ban on Mandatory Employment Arbitration Agreements Written by Stephen Rossi In 2018, California passed a controversial law called AB-51 (now Labor Code Section 432.6) that prohibited California employers from requiring arbitration agreements as a condition of employment – on pain of jail time and civil penalties.  AB-51 was immediately challenged and preliminarily enjoined under the Federal Arbitration Act (“FAA”), … Continue reading Mandatory Arbitration Is Off The Ropes in California!

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Labor & Employment

Guidance Regarding California Pay Scale Disclosure Requirements is Released

Written by Christie Del Rey-Cone and Thea Rogers On December 27, 2022, the California Labor Commissioner’s Office released FAQ guidance (the “Guidance”) on California’s new pay transparency law (the “California Pay Transparency Law”) pay scale disclosure requirements. The California Pay Transparency Law took effect on January 1, 2023 and was enacted via amendments to the state’s Equal Pay Act and Labor Code section 432.3. Unsurprisingly, … Continue reading Guidance Regarding California Pay Scale Disclosure Requirements is Released

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Cybersecurity, Regulatory

The CPRA and Recent Privacy Patchwork

Written by Susan Kohn Ross, Lucy Holmes Plovnick, and Stacey Chuvaieva While the U.S. still does not have a federal privacy law, the laws in various states are changing. California was, of course, first, and even its law has changed. Following in 2023 are privacy laws in Virginia, Colorado, Connecticut and Utah. January 1, 2023 is the compliance date for the California Privacy Rights Act … Continue reading The CPRA and Recent Privacy Patchwork

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Labor & Employment

California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”

Written by Jeremy Mittman and Celia Guzman As of January 1, 2023, Senate Bill 1044 prohibits California employers from taking or threatening adverse action against an employee for refusing to report to, or leaving, the workplace due to a “reasonable belief”that the workplace is unsafe due to an “emergency condition.”  Here’s what you need to know: 1. Emergency Condition.  An emergency condition is defined to … Continue reading California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”

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Labor & Employment

California Employers Required to Provide Bereavement Leave to Employees

Written by Jeremy Mittman and Kyle DeCamp California Governor Gavin Newson has approved and signed Assembly Bill (AB) 1949, an amendment to the California Family Rights Act (CFRA) that will take effect on January 1, 2023. AB 1949 now requires covered California employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of a qualifying family member. This bereavement leave … Continue reading California Employers Required to Provide Bereavement Leave to Employees

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