California Employment Law Update

Category Archives: New and Proposed Laws and Legislation

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In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than Ever!

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported earlier this year (here), the California Chamber of Commerce initially identified 11 “Job Killer Bills” … Continue Reading

Just in Time for Flu Season, California Expands Sick Leave Requirements

Last week, the California Legislature passed Senate Bill 616 (“SB 616”), an amendment to California’s statewide paid sick leave law that significantly increases the amount of leave that employers need to provide and permit employees to carry over from year-to-year.  The bill was sent to Governor Newsom on Wednesday, and he is expected to sign it … Continue Reading

California Expands Prohibition Against Non-Competes

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699, which amends California Business & Professions Code Section 16600 to prohibit an employer from entering into or attempting to enforce a non-compete agreement regardless of whether the contract was signed outside of California.  The law goes into effect on January 1, 2024. Previously, … Continue Reading

Put it in Writing: Los Angeles Imposes New Requirements on Employers of Independent Contractors

As readers may know, the Los Angeles Freelance Worker Protections Ordinance took effect on July 1, 2023.  The new law imposes additional requirements on businesses in the City of Los Angeles who have contracts with freelance workers.  Perhaps most notably, for any contract between a hiring entity and a freelance worker valued at $600 or … Continue Reading

West Hollywood Wins The Gold Medal For Highest Minimum Wage In The Nation — $19.08!

The so-called “Fight for 15” – those widespread protests for a $15 minimum wage – are so passé now! As of July 1, 2023, West Hollywood takes the crown for the highest mandated minimum wage in the United States at $19.08.  Why they didn’t just top it off at $20 is anyone’s guess.  (Not to … Continue Reading

EEOC Releases New Employer Guidance On Pregnant Workers Fairness Act

As we covered here, the Pregnant Workers Fairness Act (PWFA) is effective today! As a reminder, the PWFA extends the requirements of the ADA to employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The EEOC stated that they will begin accepting charges of discrimination for … Continue Reading

Employers Face New Accommodation Requirements For Nursing Mothers

In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the Pregnant Workers Fairness Act (the “PWFA”).  As this legislation becomes effective—with the PUMP Act taking effect on April 28, 2023 and … Continue Reading

AI is Here and So Are the New AI Rules for Employers

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act.  Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations. … Continue Reading

California Concludes It’s Been Too Hard On Employers, Offers Apology (Nah, Just Kidding!)—A New Raft Of “Job-Killer” Bills Is Heading This Way!

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 … Continue Reading

California’s War On The Fast-Food Industry Continues

In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB … Continue Reading

Court Obliterates California’s Anti-Arbitration Law

Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”).  In an opinion drafted by the former dissenting judge, Judge Sandra Ikuta, the new majority declared AB 51 was preempted by the Federal Arbitration Act (“FAA”). The statute in question, … Continue Reading

Court Puts New Controversial Fast-Food Worker Law on Hold

On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters.  Previously, on December 30, 2022, the court had issued a temporary restraining order against the … Continue Reading

Congress Adds Additional Protections for Pregnant Workers

In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees. The first measure is the Pregnant Workers Fairness Act (the “PWFA”) which applies to employers with 15 or more employees. The PWFA extends the … Continue Reading

California Labor Commissioner Releases Pay Transparency FAQs

As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional guidance as to how these requirements will be interpreted. The law requires employers to post pay scales on all job … Continue Reading

California Mandatory Postings and Pamphlets – What’s New for 2023

California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights.  Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated.  The eight (8) notices that will be updated are the following: 1. California Minimum Wage; 2. Family Care and Medical … Continue Reading

Stick to the Schedule: Los Angeles Imposes Significant New Requirements on Retail Employers

On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”).  Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of Los Angeles with respect to both scheduling and hiring.  It follows in the footsteps of similar predictive scheduling … Continue Reading

Five New Employment Laws that Every California Employer Should Know

A new year brings new employment laws for California employers.  California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023.  Here are five new employment laws that every California employer … Continue Reading

California Employment Laws Passed and Pending

It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California.  As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading

California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers

On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257).  In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and … Continue Reading

Mayor Garcetti Signs “Healthcare Workers Minimum Wage Ordinance” Increasing Minimum Wage to $25

On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at privately-owned healthcare facilities within the City of Los Angeles.  Beginning January 1, 2024, the minimum wage will increase annually based on the … Continue Reading

Several State “Job Killer” Bills Move One Step Closer to Passage

As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process.  This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”).  … Continue Reading

Spring Showers Bring Job Killer Bills to California

Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.”  Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills. The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills … Continue Reading

Gone Surfing: Could California Be the First State to Adopt a Four-Day Workweek?

In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks.  Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell Gardens) and Evan Low (D-San Jose), Assembly Bill 2932 (“AB 2932”), proposes to make a four-day workweek the new normal in California for … Continue Reading

New “Job-Killer” Bill Would Allow Employees to Just Walk Off the Job!

The California Senate Labor, Public Employment and Retirement Committee recently passed Senate Bill 1044, moving the legislation one step closer to a vote by the full state senate. SB 1044 would permit employees, without notice, to leave their workplace—or not show up to work at all—if they “feel unsafe.” SB 1044 would prohibit employers from … Continue Reading
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