New Federal Workplace Protections for Pregnant and Nursing Employees, Reminiscent of…California Law?!

Written by Christie Del Rey-Cone and Thea Rogers It may surprise California-centric employers to learn that up until the final days of 2022, Federal law seldom required employers to provide reasonable accommodations to individuals with known pregnancy-related limitations, and millions of nursing mothers had no guaranteed right to lactation breaks during working hours.  On December 29, 2022, President Biden signed two laws that finally changed … Continue reading New Federal Workplace Protections for Pregnant and Nursing Employees, Reminiscent of…California Law?!

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!

Employee Expense Reimbursements Will be More Difficult After COVID-19

Written by Jeffrey D. Davine Termination of COVID-19 Emergency. The White House recently announced that the Presidentially declared disaster concerning the COVID-19 pandemic will be withdrawn as of May 11, 2023.  The effect of this withdrawal will make it more difficult for employers to reimburse employees for their work-from-home expenses. Declaration of National Emergency. On March 13, 2020, President Trump declared a nationwide emergency as a result … Continue reading Employee Expense Reimbursements Will be More Difficult After COVID-19

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”

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

California’s COVID-19 Supplemental Paid Sick Leave Extended Through 2022

Written by Jeremy Mittman and Gabriel Hemphill On September 29, 2022, California Governor Gavin Newsom signed Assembly Bill (“AB”) 152 into law. AB 152 was signed immediately before the expiration of its predecessor, Senate Bill (“SB”) 114 (which we discussed here), which provided Covid-19 supplemental paid sick leave (“SPSL”) through September 30, 2022. Effective September 30, 2022, AB 152 extends the obligations and entitlements of … Continue reading California’s COVID-19 Supplemental Paid Sick Leave Extended Through 2022

California Will Prohibit Employers From Discriminating Against Off-site Marijuana Use

Written by Jeremy Mittman and Corey Singer California employers will be prohibited from firing its workers who use marijuana off the job starting January 1, 2024 thanks to a bill that California Governor Gavin Newsom signed into law last month.  Recreational marijuana use has been legal in California since 2016 when a majority of voters approved it.  In many circumstances, however, California employers can still … Continue reading California Will Prohibit Employers From Discriminating Against Off-site Marijuana Use

California Enacts New Law Mandating Pay Range Disclosures In Job Listings

Written by Jeremy Mittman Is your company hiring?  If so, it’s important to know that California has passed new requirements for job postings and important disclosures to applicants and employees. Signed by Governor Gavin Newsom on September 27, 2022 and taking effect January 1, 2023, the new law will require every California employer with more than 15 employees to disclose a position’s pay range in … Continue reading California Enacts New Law Mandating Pay Range Disclosures In Job Listings

Biden NLRB Rules Employers Cannot Limit Union Insignia without Good Reason

Written by Anthony J. Amendola and Celia L. Guzman In what has become an all too familiar practice of overruling and reinstating precedent based on the political party in control of the Executive Branch, last week, the National Labor Relations Board (“NLRB” or “Board”) reinstated the test that applies when analyzing whether an employer’s dress code or uniform policy interferes with employee rights under the … Continue reading Biden NLRB Rules Employers Cannot Limit Union Insignia without Good Reason

Ninth Circuit Withdraws its Decision on California’s “AB 51” Arbitration Law

Written by Te’Aira Law and Gary McLaughlin California Assembly Bill 51 (“AB 51”), codified as California Labor Code section 432.6 and California Government Code section 12953, was signed by Governor Newsom in 2019 and went into effect January 1, 2020.  AB 51 prohibits California employers from requiring employees to agree to mandatory arbitration as a condition of employment. In early 2020, multiple business associations, including the … Continue reading Ninth Circuit Withdraws its Decision on California’s “AB 51” Arbitration Law