California

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

Jessica Perry and David B. SmithPosted on March 9, 2016

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in early 2016, there has been less fanfare about the upcoming regulatory amendments under the Fair Employment and Housing Act (“FEHA,” Cal. Govt. Code § 12900, et seq.) that go into effect April 1, 2016.

Cross-Border Trends: UK to Follow US Attack on the Gender Pay Gap

Erin Connell, Mike Delikat and Nicola WhiteleyPosted on February 17, 2016

Following months of waiting the UK Government has finally published its draft regulations on the new “gender pay gap reporting” requirements in the UK. On publication of the draft regulations, the UK Government has asked one final consultation question: “What, if any, modifications should be made to these draft regulations?” – And so it would appear that the draft regulations are nearing but possibly not quite in final form, pending any pertinent responses received.

Pennsylvania Plaintiffs Launch Successful Attack on Pittsburgh’s Local Paid Sick Leave

Andrew Livingston, Julia Riechert and Clayton FlahertyPosted on February 17, 2016

The proliferation of paid sick leave (PSL) laws has been well-documented in the last few years. California’s PSL statute has received particular attention in this blog, but Connecticut, Massachusetts, and Oregon have also adopted similar state-wide legislation. And it is not just the states that are rolling out requirements for PSL; dozens of cities and counties have also adopted PSL ordinances (oftentimes in states that already have similar laws in place). Major municipal adopters include New York City, San Francisco, Washington, D.C., Seattle, Newark, and Philadelphia.

New Year, New Laws: A Summary of Hot Button Employment Laws to Hit the Books in 2016

Lisa LupionPosted on January 6, 2016

From coast to coast, as the calendar turned to 2016, a host of new employment laws became effective. States and local government are imposing broad obligations on employers well above what federal law requires. This patchwork of legal requirements will continue to bedevil employers. As you begin implementing your resolutions for 2016, here’s our take on the major changes that went into effect across the nation last week:

Minimum Wage, Maximum Headache: California’s Minimum Wage Hits $10 in 2016. Are You Prepared?

Gary Siniscalco and Katie BriscoePosted on December 23, 2015

As you brace for the New Year, don’t forget that California’s minimum wage will reach $10 per hour on January 1, 2016. This latest increase is the final stage of the two-step legislation that increased the minimum wage from $8 to $9 per hour on July 1, 2014, and now to $10 per hour effective January 1, 2016.

New York State Expands Equal Pay Law and Other Workplace Protections for Women

Jill L. RosenbergPosted on October 26, 2015

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in New York State. The changes that will affect New York employers include an expansion of the existing State equal pay law, the addition of familial status as a protected category and the express requirement that employers reasonably accommodate pregnancy-related conditions.

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

Joe LiburtPosted on October 7, 2015

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that California law bars the waiver of Private Attorneys General Act (“PAGA”) claims. As a result, California employers will likely see an increase in the filing of PAGA cases as employees use them as a vehicle for representative actions outside of arbitration.

California Legislature Tries Again to Thwart Arbitration With Bill Purporting to Make Mandatory Arbitration Unlawful

Jessica Perry, Kathryn Mantoan and Alexandra StathopoulosPosted on August 28, 2015

California employers should keep an eye on a new challenge to arbitration provisions on its way to the Governor’s desk. On August 24, 2015, the California Senate passed AB 465, which would make it unlawful for any employer or other company to “require another person to waive any legal right, penalty, remedy, forum, or procedure for a violation of any provision of [the California Labor Code], as a condition of employment, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Labor Commissioner, state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity.” The Senate version eliminates the originally proposed $10,000 per violation penalty, but continues to authorize an award of injunctive relief and attorneys’ fees to a prevailing plaintiff seeking to enforce the section. The Assembly concurred in the Senate’s amendments on August 27, 2015, and the bill will reach the Governor shortly.

Chicken Soup for CA Employers: How to Stay Healthy When Implementing Your Sick Leave Plan

Mike DelikatPosted on February 3, 2015

The new California paid sick leave law is now “in effect” (as we reported here and here) and you are ramping up your HR and payroll team to get ready for July 1 when employees can start accruing sick leave under the law. But now that you’re digging into the details, you’re realizing that this isn’t as easy as you thought. Don’t worry, you’re not alone. There are a few subtleties to the sick leave law that are catching more than a few employers off guard. But fear not, here are some tips to help you implement your sick leave plan:

A Midsummer Night’s Dream? Not So Much, For California Employers: Two New Employee-Friendly Bills Are Signed by Governor Brown

Andrew LivingstonPosted on September 10, 2013

Even in the summer months, the California legislature is busy changing the laws that affect the state’s employers. This summer, California’s governor signed into law two bills that should be of interest to all employers—one amending the definition of sexual harassment under the Fair Employment and Housing Act (“FEHA”) and the other amending a provision of the California Labor relating to the award of attorneys‘ fees and costs in actions for the non-payment of wages. READ MORE →

Employment Law and Litigation