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Articles Discussing General Workplace Issues in California.

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California Bill Proposes to Prohibit Employment Discrimination Against Marijuana Users

Ogletree Deakins·

A bill recently introduced in the California Assembly proposes to prohibit discrimination against employees who use cannabis off the job. The legislation, Assembly Bill (AB) No. 2188, would amend California’s employment antidiscrimination law, the Fair Employment and Housing Act (FEHA), and make it

Telework Lawsuits: Keep Your Fingers Crossed

Shaw Law Group, PC·

Well. We all knew it would happen. Employees in droves are suing their employers for expenses they incurred while working from home during COVID-19. Unfortunately, most of the cases in California are class actions and/or PAGA claims, both of which are incredibly expensive and time-consuming for empl

Employer Obligations Under the California Privacy Rights Act of 2020

FordHarrison·

On January 1, 2020, the California Consumer Privacy Act (CCPA) became effective and created an array of protections for consumers regarding data privacy rights while creating business obligations related to the collection and sale of personal information—codifying California Civil Code § 1798.100, e

California Privacy Rights Act for Employers: Developing and Posting a Privacy Policy for Human Resources Data

Littler·

This is the fifth in a series of articles about the implications of the California Privacy Rights Act for employers .

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA Claim

CDF Labor Law LLP·

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent contractor or employee under their arbitration agreement.

California Privacy Rights Act for Employers: Vendor Contracting Requirements

Littler·

This is the fourth in a series of articles about the implications of the California Privacy Rights Act for employers.

Workplace Insights for April: Q&A Session with Jen! (You're welcome!)

Shaw Law Group, PC·

This month, the DFEH is booked. So, we are turning this session into Q and A. Jen will answer your questions for an hour. Yes. 60 minutes. We know. It’s pretty cool. Grab your coffee, and join her!

Cal/OSHA Proposes Changes to Third COVID-19 ETS; Standards Board to Consider Adoption on April 21

Ogletree Deakins·

On November 30, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) adopted the first COVID-19 Emergency Temporary Standards for California. As of April 6, 2022, Cal/OSHA has proposed a third readoption with additional changes and adjustments based on the development of its un

CDF Webinar: Trouble in Paradise? Challenges to the PAGA Paradigm and What They Mean for California Employers

CDF Labor Law LLP·

Clouds lurk over the once-golden state of PAGA. California courts have finally started to take aim at unwieldy representative claims alleging numerous violations against all non-exempt employees across the state. The United States Supreme Court will soon determine whether federal arbitration laws ca

California Court of Appeal Creates Rift Regarding Trial Courts’ Power to Strike or Limit PAGA Claims for Unmanageability

Ogletree Deakins·

On March 23, 2022, the Court of Appeal of the State of California, Fourth Appellate District, issued the latest ruling on the hotly contested issue of whether a trial court is empowered to dismiss or limit representative claims for alleged violations of the California Labor Code under the Private At

Jennifer Shaw Appears on “The Afternoon News” With Kitty O’neal to Discuss The Corporate Board Diversity Law That Was Struck Down

Shaw Law Group, PC·

Jennifer Shaw appeared on “The Afternoon News with Kitty O’Neal” to discuss the corporate board diversity law that was recently struck down by a Los Angeles County judge. You can listen to the interview here .

Two Developments Could Impact California’s Proposed Regulations Governing AI and Automated Decision-making

Littler·

Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law surrounding the use of artificial intelligence, machine learning, and other dat

Managing a California Remote Work Policy: Determining Which Laws Apply

Ogletree Deakins·

Initially driven by the COVID-19 pandemic, more than two years after the start of the first lockdown, remote work arrangements remain prevalent in California. According to one nonpartisan think tank, 22 percent of Californians work remotely and 15 percent have a mix of working remotely and working o

Supreme Court Hears Oral Argument in Viking River, California’s PAGA Arbitration Case

Ogletree Deakins·

On March 30, 2022, the Supreme Court of the United States heard oral argument in a critically important case for California employers, Viking River Cruises, Inc. v. Moriana, Case No. 20-1573.

California Employers’ Winning Streak in ‘Suitable Seating’ Cases Continues in Latest Appellate Decision

Ogletree Deakins·

On February 18, 2022, a California appellate court issued the latest guidance in the continuing saga of statewide “suitable seating” litigation, cementing a significant trial victory for grocers, retailers, and other employers across California.

San Francisco Passes Amended Family Friendly Workplace Ordinance 

CDF Labor Law LLP·

By: San Francisco Passes Amended Family Friendly Workplace Ordinance On March 14, 2022, the City of San Francisco passed amendments to its existing Family Friendly Workplace Ordinance (“FFWO”). The amendments, which go into effect on July 12, 2022, will affect any employer with 20 or more employees

RESPONDING TO SUBPOENAS FOR EMPLOYEE RECORDS

Shaw Law Group, PC·

Even if your company is not involved in litigation, you still may receive a subpoena for a current or former employee’s records.

San Francisco Passes Amended Family Friendly Workplace Ordinance

CDF Labor Law LLP·

On March 14, 2022, the City of San Francisco passed amendments to its existing Family Friendly Workplace Ordinance (“FFWO”). The amendments, which go into effect on July 12, 2022, will affect any employer with 20 or more employees who has workers either working in or telecommuting out of San Francis

Bill Seeks to Alleviate the Slowdown of Criminal Background Checks in California

Littler·

Background check industry groups have mounted a full-court press to remedy the recent slowdown in criminal record searches in California state courts caused by last year’s court of appeal decision in All of Us or None v.

California Fair Employment & Housing Council Proposes Sweeping Regulation of Automated Decision-making and Artificial Intelligence in Employment

Littler·

On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers and third-party vendors that use, sell, or administer employment-screening