State Employment Law Articles

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Articles Discussing General Workplace Issues in California.

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San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance Survives Legal Challenge

Ogletree Deakins·

A federation of hotel and motel owners and operators challenged a San Diego ordinance that requires certain building service and hospitality employers to recall workers laid off due to the pandemic before hiring new employees.

CPRA Enforcement

Littler·

Are you wondering about the CPRA’s enforcement framework and enforcement risk? California is about to launch the first-ever U.S. administrative agency dedicated exclusively to enforcing a privacy law and conducting compliance audits. Is your organization prepared? In this podcast, Littler's Privacy

California Warehouse Distribution Centers to be Subject to Unprecedented Quota Disclosure Requirements

CDF Labor Law LLP·

Last week, on September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law, employers with at least 100 employees at a single warehouse distribution

Challengers to California’s Ban on Mandatory Arbitration Contracts Hint Rehearing Petition Coming

Jackson Lewis P.C.·

Following the decision of a divided panel of the U.S. Court of Appeals for the Ninth Circuit, in Chamber of Commerce of the U.S., et al. v. Bonta, et al ., to reverse, in part, a district court’s order and vacate the district court’s preliminary injunction on enforcement of Assembly Bill 51 (AB 51)

California Court of Appeal Confirms Trial Courts’ Inherent Power to Strike or Limit Unmanageable PAGA Lawsuits

Ogletree Deakins·

On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC , delivering a welcome victory to employers battling representative actions under the Private Attorneys General Act (PAGA). Under the 2004 law, an “aggrieved employee” is empowered to

Ninth Circuit Partially Reinvigorates California Law Limiting Arbitration

FordHarrison·

The Ninth Circuit created a judicial “tremor” on Wednesday, September 15, 2021, when it issued a ruling partially tossing out a District Judge's Order blocking enforcement of a California law barring employers from requiring workers to sign agreements mandating arbitration of certain employment disp

Ninth Circuit Upholds Portions of California Law Prohibiting Use of Mandatory Arbitration Agreements

Ogletree Deakins·

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees. In Chamber of Commerce of the United States of America v. Bonta , the Ninth

Federal Arbitration Act Partial Bar on California’s Ban on Mandatory Arbitration Contracts, Court Holds

Jackson Lewis P.C.·

The Federal Arbitration Act (FAA) only partially preempts California’s bar on mandatory arbitration agreements in employment, the U.S. Court of Appeals for the Ninth Circuit has held, vacating the preliminary injunction that had been in place since early-2020 and enjoining enforcement of the law wit

Ninth Circuit Allows CA to Enforce Its Latest Anti-Arbitration Law

CDF Labor Law LLP·

On Wednesday, a Ninth Circuit panel lifted an injunction that prevented California from enforcing a law that prohibited employers from requiring employees and applicants to arbitrate work-related claims. The case, Chamber of Commerce v. Bonta, will find itself before the U.S. Supreme Court in short

CPRA and Data Retention

Littler·

The “Purge Rule,” retention schedules, and data breach risk. Littler Shareholder and core member of the firm’s Privacy Team, Kwabena Appenteng, explains what could be the most burdensome compliance requirements for employers.

Not So Fast! California Bill Would Require Disclosure of “Quotas” to Warehouse Distribution Center Employees

Littler·

The California legislature has wrapped up its annual legislative session, once again sending a number of employment and labor law bills to Governor Newsom’s desk. One of the most notable, and potentially revolutionary bills – AB 701 – seeks to regulate the use of employee “quotas” in warehouse distr

Employers Gain Defense Against Unmanageable PAGA Claims

CDF Labor Law LLP·

In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. Wesson v. Staples the Office Superstore, LLC, No. B302988, affirmed the trial court’s decision to strike PAGA claims

CDF Webinar: COVID-19 Compliance for California Employers – New Vaccine Mandates (plural) and Ongoing Administrative Concerns

CDF Labor Law LLP·

With the rise of multiple COVID variants, FDA approval of at least one vaccine, and now the federal government requiring that private employers mandate vaccinations, COVID-19 continues to infect California employers with a host of compliance hurdles, each one with increased costs, litigation exposur

SB 241: The Future of Virtual Courtrooms and the Impact on Employment Law

CDF Labor Law LLP·

Every court in California relies increasingly on remote video technology since the COVID-19 pandemic effectively closed courtrooms. California’s Judicial Council adopted temporary emergency rules to assist courts providing access to justice during the pandemic. As courts limited in-person hearings,

California Privacy Rights Act for Employers: The Rights to Opt Out of Sales and Sharing, Restrict Sensitive Personal Information, and Non-Discrimination

Littler·

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

Another Privacy Headache for California: Court of Appeal Ruling Will Slow Down Criminal Background Checks Throughout California

Littler·

Companies that hire employees and engage independent contractors in California should brace for a significant slowdown in background checks that include criminal record searches in California state courts.1 This will result from the court of appeal’s opinion in All of Us or None v.

Restauranteur Stands on Principle and Prevails After Six Years of Litigation

CDF Labor Law LLP·

After six years of litigation, CDF Labor Law LLP’s victory is etched in stone after the California Supreme Court denied review of a Court of Appeal decision that

CPRA Individual Rights

Littler·

Littler Shareholder and core Privacy Team member Zoe Argento discusses the extensive list of rights the CPRA confers on employees, independent contractors, and job applicants who reside in California. What is the scope of these rights, and what are employers’ obligations when responding to requests?

Potential Bill Imposing Vaccination Or COVID Testing Requirements On Private Employers

CDF Labor Law LLP·

With a growing number of employers becoming more comfortable with COVID-19 vaccine mandates, combined with this week’s FDA full approval of the Pfizer vaccine, the California Legislature is now discussing a potential bill that would impose a vaccine mandate or regular testing requirement on all priv

CDF Webinar: The “Golden State” of PAGA: Status and Trends of CA Wage and Hour Litigation

CDF Labor Law LLP·

Developments during the COVID-19 pandemic have left a dark cloud of uncertainty for employers in the Golden State, and have led to many new claims under the Private Attorneys General Act (PAGA). This webinar will cover how these developments impact business operations and litigation strategies for C