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Articles Discussing General Workplace Issues in California.

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Colorado Emergency Rule Requires Up to 4 Paid Sick Leave Days for Employees with Flu-Like Symptoms Who Are Tested for COVID-19

Littler·

On March 11, 2020, the Colorado Department of Labor and Employment issued Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules that require certain employers to provide paid sick leave for employees with flu-like symptoms who are being tested for COVID-19. The rules take effect immediate

The Wild West 2020: WPI’s California Legislative Round-Up

Littler·

Bruce Sarchet and Emily Patajo with Littler’s Workplace Policy Institute discuss proposed laws and regulations under consideration in California. The 2020 class of bills covers a lot of ground, from potential changes to the much-discussed worker classification test under AB 5, to antidiscrimination

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

Littler·

Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal landscape in California, but also the broader discussion of what the shape o

Requests to Know under the CCPA: Practical Compliance Tips

Jackson Lewis P.C.·

The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.

Is “Cannabis User” the Next Protected Class in California?

Jackson Lewis P.C.·

Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.

Panic Buttons Mandated for Sacramento Hotels

Jackson Lewis P.C.·

As the #metoo movement strengthened in 2018, the State of California worked quickly to enact legislation requiring harassment prevention training, not just for supervisors, but for all employees. At the same time, California attempted to address the unique issues facing hotel workers, particularly h

California Appeals Preliminary Injunction Against State Ban on Employment Arbitration Agreements

Jackson Lewis P.C.·

The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements governed by the Federal Arbitration Act (FAA).

Recent Changes to the California Consumer Privacy Act (CCPA) May Require Employers to Revisit Their Privacy Notice as It Relates to Employees

FordHarrison·

Introduction: The California Consumer Privacy Act (CCPA), which took effect earlier this year, has left many employers in the Golden State scrambling to comply with privacy regulations concerning the collection and use of personal data relating to consumers. On February 10, 2020, the California Atto

Love is in the Air – But Should it Be?

Jackson Lewis P.C.·

February is the month where romance blossoms – which means it is a great time for employers to review their policies regarding employee fraternization and intracompany relationships.

AB 5 Under Fire in 2020

Jackson Lewis P.C.·

Assembly Bill 5 (“AB 5”), feared by some to be the death of independent contractor relationships in California, faces a growing number of lawsuits. Organizations representing three industries have filed lawsuits challenging the bill on constitutional grounds. In each lawsuit, the plaintiffs have sou

California Court Concludes that Anti-Arbitration Law is Likely Preempted

Littler·

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was scheduled to take effect on January 1, 2020.1 In its order, the court expressly n

Court Issues Written Order Preliminarily Enjoining Enforcement of California’s AB 51, Hints at Future Success

Jackson Lewis P.C.·

On January 31, 2020, the district court in Chamber of Commerce of the United States, et al. v. Becerra, et al., E.D. Cal. Case No. 2:19-cv-2456, granted the request for a preliminary injunction enjoining the State of California (the State) from enforcing Assembly Bill 51 (AB 51) against arbitration

CA Attorney General Updates CCPA Proposed Regulations

Jackson Lewis P.C.·

Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA).

U.S. Supreme Court Asked to Review California’s Perceived Hostility to Arbitration Agreements

Jackson Lewis P.C.·

Not surprisingly, OTO, LLC, the employer in OTO, L.L.C. v. Kho, 8 Cal. 5th 111 (2019), on January 13, 2020, petitioned the U.S. Supreme Court to review a 2019 California Supreme Court decision not to enforce an arbitration agreement. Employers with California arbitration agreements should watch clos

Governor Already Planning Big Changes to California Leave Laws

Jackson Lewis P.C.·

As California employers continue to grapple with recent legislation effective January 1, California Governor Gavin Newsom is releasing his plans for even more employment legislation. Along with the Governor’s proposed budget, the Governor has announced various “trailer bills.” Trailer bills are meas

CCPA Data Breach Class Action Litigation Begins

Jackson Lewis P.C.·

As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesf

California Ban on Mandatory Arbitration Agreements Enjoined

CDF Labor Law LLP·

As California employers know, the California legislature passed a new law in 2019 barring employers from requiring employees to enter into arbitration agreements that cover wage and hour claims and FEHA claims (discrimination, harassment, retaliation). That law was supposed to take effect January 1,

Court Grants Preliminary Injunction on Enforcement of California Ban on Employment Arbitration Agreements

Jackson Lewis P.C.·

The U.S. District Court for the Eastern District of California has granted a request for a preliminary injunction to prohibit the State of California from enforcing Assembly Bill 51 (AB 51) as to arbitration agreements governed by the Federal Arbitration Act (FAA). Chamber of Commerce of the United

Federal Court Halts Enforcement of California Arbitration Law

Littler·

A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020. Under this law, employers in the Golden State would be unable to require applicants and employees

Verifying CCPA Requests to Know and Requests to Delete

Jackson Lewis P.C.·

With the California Consumer Privacy Act (CCPA) effective for nearly one month, businesses continue to grapple with the many components of this new privacy framework. A key component of the CCPA is granting consumers the right to request information about and to exercise some control over their pers