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Articles Discussing General Workplace Issues in California.

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Los Angeles Publishes “Model Contract” Under Freelance Workers Protections Ordinance

Littler·

On August 7, 2024, the City of Los Angeles unveiled its “Model Contract” under the Freelance Workers Protections Ordinance (FWPO). This ordinance, which took effect on July 1, 2023, was designed to bolster protections for freelance workers in Los Angeles. Ensure Compliance with California Labor Code

The County of Los Angeles Will Soon Post Notice and Sample Documents to Comply with the County’s Sweeping Fair Chance Ordinance

Littler·

Starting after Labor Day, employers with jobs located in the unincorporated areas of the County of Los Angeles, including work-from-home and hybrid positions, must comply with the County’s fair chance hiring ordinance . The ordinance, which imposes obligations well beyond existing federal and state

California Legislation Requires More Transparency from Employers Utilizing Child Labor

CDF Labor Law LLP·

Earlier this week, California passed bill AB 3234 with ease in both the State Assembly (77-0) and the Senate (36-0). Governor Gavin Newsom is expected to sign the bill. AB 3234 requires employers who have voluntarily subjected their businesses to social compliance audits to post a clear and obvious

Implications of Mahram v. The Kroger Co.: A Closer Look at Arbitration Agreements

CDF Labor Law LLP·

In a recent legal dispute, Mahram v. The Kroger Co., a California Court of Appeal delivered a decision that may have implications for employment arbitration agreements. Although the case at hand involved a consumer transaction, the reasoning used by the court could influence how employment arbitrati

California Public Employers Exempt from PAGA

Shaw Law Group, PC·

Earlier this month, the California Supreme Court unanimously decided that the Private Attorneys General Act (PAGA) does not apply to public entities.

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

Ogletree Deakins·

Quick Hits These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with other entities such as social media companies. The claims invoke

Supreme Court Holds that Public Entities Are Not Subject to PAGA and Various Labor Code Violations

CDF Labor Law LLP·

On August 15, 2024, the California Supreme Court issued a momentous unanimous decision in Stone v. Alameda Health System (“Stone”), concluding that public employers are exempt from various Labor Code provisions and PAGA penalties. Stone’s Procedural History The former employee-plaintiffs in Stone wo

App-Based Drivers Maintain Status as Independent Contractors

Shaw Law Group, PC·

The California Supreme Court recently upheld Proposition 22, which permits app-based drivers to be classified as independent contractors and not employees. This development is important for other industries as well.

California Midyear Employment Law Update

Jackson Lewis P.C.·

Join Jackson Lewis P.C. attorneys in reviewing critical mid-year updates to California employment law. We will provide overviews of key case rulings, legislation passed thus far in 2024 and what pending legislation California employers should be watching for this legislative season. This program wil

If The FTC Ban On Non-Competes Is Not Enjoined, What Is Your Company's "Plan B"?

FordHarrison·

Background: The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide injunction preventing the Final Rule from going into effect, as sche

San Francisco-Based Employees? Health Care Expenditures May Be Required

Littler·

The San Francisco Health Care Security Ordinance (HCSO) requires employers to make certain health care expenditures on behalf of their San Francisco-based employees, even if the employer is not located in the City. Given the complexity of the HCSO, it is advisable to consult with experienced legal c

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

Ogletree Deakins·

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. The ruling is likely to have a significant impact on the gig economy in the state, preserving the ability of appl

California Appellate Decision Raises New Considerations for Arbitration Agreements

Ogletree Deakins·

A California appellate court recently denied a motion to compel arbitration, finding the agreement unconscionable in part because it (1) applied to all claims rather than just those arising from employment, (2) was unlimited in duration, and (3) lacked mutuality by requiring the employee to arbitrat

California Supreme Court Says Severing Unconscionable Terms From Arbitration Agreements Is a Question of Fairness

Ogletree Deakins·

On July 15, 2024, the Supreme Court of California issued a decision that could provide courts in the state with significant discretion to refuse to enforce employment arbitration agreements even if only one term is determined to be unlawful. The court’s opinion also raises doubts about the effective

California Supreme Court Upholds Proposition 22

Littler·

After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions, which argued that the law violated the state constitution. The Court’s decisio

Paid Family Leave Grant and New Whistleblower Poster

Shaw Law Group, PC·

Beginning in June 2024, California businesses with between 1 and 100 employees may qualify to receive grants of up to $2,000 for each employee who is off work for a reason covered by California’s Paid Family Leave (“PFL”) program. The intent of the PFL Small Business Grant program is to help small b

Leaves of Absence Decoded

Shaw Law Group, PC·

In this episode, Jen provides a roadmap for addressing leaves of absence.

California Significantly Reforms Private Attorney's General Act

FordHarrison·

Executive Summary: On July 1, 2024, the Governor of California signed two pieces of legislation that significantly amended the Private Attorney’s General Act (“PAGA”), a statute which allows an employee, on behalf of the State of California, to sue and recover civil penalties against their employer

California Court of Appeal Thwarts Efforts to Conceal Important Driving History Information from Employers

Littler·

Employers with operations in California are all too familiar with how state and local officials continue to restrict the access employers have to public records, including criminal history information.1 For example, lengthy delays in completing standard criminal background checks are now routine in

California Governor Signs PAGA Reform Legislation

Ogletree Deakins·

On July 1, 2024, Governor Gavin Newsom signed two complementary bills to reform the Private Attorneys General Act of 2004 (PAGA). According to Newsom, “This reform is decades in the making—and it’s a big win for both workers and businesses. It streamlines the current system, improves worker protecti