California - General

On June 16, 2022, we posted about the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana . There, the Court struck down the waiver in Viking’s arbitration agreement of Moriana’s right to bring a representative PAGA claim.

Join CDF partners Leigh Ann White and Sander van der Heide for a comprehensive, complimentary webinar on California’s Fair Pay Act and related laws, including planning and conducting a pay equity audit to help protect your company from potential costly litigation. California’s Fair Pay Act and relat

The California Civil Rights Department (CRD) recently issued new guidance confirming that private colleges and universities and labor contractors are subject to the newly expanded pay data reporting obligations added as part of the state’s pay transparency law, Senate Bill (SB) 1162, enacted in Sept

By: Court of Appeal Denies Employer Liability for Employees’ Personal Relationship Under FEHA While California’s Fair Employment and Housing Act (FEHA) generally holds employers strictly liable for harassment by a supervisor, a recent decision from the California Court of Appeal establishes an impor

As the health risks of the pandemic wind down, the complexities of offering remote work endure. Some employers are still offering full remote work, while others offer a hybrid to remain competitive and retain employees. Indeed, workers regularly request expect at least a partial remote work schedule

The City of Los Angeles’s Retail Fair Workweek Ordinance , which takes effect April 1, 2023, is not the only local ordinance in the Golden State that affects how retailers and other employers handle scheduling.

Lawmakers in Sacramento seek to outright ban criminal background checks by most private sector employers in California in a bill that would scrap California’s existing fair chance law and replace it with the most restrictive fair chance law in the United States. While the sweeping bill’s future is

Earlier this week, the California Court of Appeal reached a decision that may ease employers’ worries when presented with a wage and hour lawsuit. California’s plaintiff-friendly laws provide avenues for plaintiffs to fill their pockets with penalties and attorneys’ fees, in addition to any wages th

In this episode, Jen and Trish Higgins, Shaw Law Group’s litigation guru, discuss the recent 9th Circuit decision upholding mandatory arbitration agreements.

On February 7, 2023, California Assembly Member Rebecca Bauer-Kahan (D-16) introduced Assembly Bill (AB) No. 521, which calls on the California Division of Occupational Safety and Health (Cal/OSHA) to submit a rulemaking proposal to the Occupational Safety and Health Standards Board that would “requ

The 9th Circuit just delivered some good news to California employers: they may now force employees to sign arbitration agreements as a condition of employment. In 2019, the California Assembly enacted AB 51 to protect employees from “forced arbitration” by making it crime to require an existing emp

Many large California employers have been granted significant state and local tax incentives to establish the physical locations of their businesses in California, or within certain municipalities in California. These can come in the form of enterprise zone tax incentives, direct tax incentives, or

With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.” This bill would, among other things, impose joint employer liability on fast food f

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the Federal Arbitration Act (FAA). Chamber of Commerce of the U.S., et al. v. B

On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The Court’s 2-1 panel decision in Chamber of Chamber of Commerce of the United

Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code. Arbitration agreements are on an equal footing as ot

Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code. Arbitration agreements are on an equal footing as ot

By: Final Privacy Regulations Anticipated To Go Into Effect In April 2023 - Enforcement Scheduled to Start July 1, 2023 By: Final Privacy Regulations Anticipated To Go Into Effect In April 2023 - Enforcement Scheduled to Start July 1, 2023 On February 14, 2023, the California Privacy Protection Agen

Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private Attorney General Act and a ballot measure on the Act coming up next year. Califo

The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary to the Federal Arbitration Act’s (“FAA”) policy of encouraging arbitration