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Legislative Update: Here Are the New California Employment Laws for 2020

CDF Labor Law LLP·

Yesterday was the last day for Governor Newsom to sign or veto bills this legislative session. Governor Newsom signed almost every employment bill presented to him by the legislature, including some that had been vetoed in prior sessions by Governor Brown. This blog the list of notable new laws, whi

California Consumer Privacy Act FAQs for Covered Businesses

Jackson Lewis P.C.·

Set to take effect January 1, 2020, the California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal info

California Requires Large Insurers to Report Board Diversity, Spending with Diverse Businesses

Jackson Lewis P.C.·

A new California law requires large insurers to report on the demographics of their governing boards and the amounts they spend with businesses owned by minorities, women, LGBT individuals, veterans, and disabled veterans. Under the new law, Senate Bill 534 (SB 534), reporting will be required on a

Are You Prepared? FAQs on Cal/OSHA’s Emergency Wildfire Smoke Protection Regulation

Littler·

In response to the dangerous levels of air quality last fall after the wildfires in Northern and Southern California, the state Division of Occupational Safety and Health (Cal/OSHA) has enacted an emergency regulation addressing hazardous wildfire smoke exposure. In addition, at its last advisory co

California Law Expanding CFRA Rights to Flight Crew Employees Closer to Enactment

Jackson Lewis P.C.·

The California Assembly has passed a bill that would expand the California Family Rights Acts to apply to flight crew employees. Assembly Bill 1748 (AB 1748) has passed through the assembly, and is awaiting the signature of Governor Gavin Newsom.

Dynamex Retroactivity Question Sent to California State Court

Littler·

On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied retroactively. In May 2019, the Ninth Circuit, in Vazquez v. Jan-Pro Franchis

California Governor Signs AB 5

FordHarrison·

California Governor Gavin Newsom has signed AB 5, and the new law will take effect January 2, 2020. As discussed in our September 13 Alert, AB 5 codifies the existing “ABC Test” that was set forth by the California Supreme Court last year in Dynamex Operations West, Inc. v. Superior Court of Los Ang

New California Law Expands CFRA Rights to Flight Crew Employees

Jackson Lewis P.C.·

AB 1748, a California law affecting California Family Rights Act’s application to airline flight employees has been signed by the governor.

Like EEO-1 Component 2, California Pay Data Reporting Stalls

Jackson Lewis P.C.·

With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now.

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

Littler·

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors rather than employees. Two recent developments may help clarify this expansive

CCPA: Expansive Array of Consumer Rights Imposes Rigorous Compliance Burden

Jackson Lewis P.C.·

For years now, state laws have required subject organizations to provide notification to affected data subjects and, in some instances, to state agencies, consumer reporting agencies, and the media, when they experience a “breach” of certain categories of information.

California Worker Misclassification Bill Signed by Governor Gavin Newsom

Jackson Lewis P.C.·

On Wednesday, September 17, 2019, California’s Governor Gavin Newsom signed Assembly Bill (AB 5), limiting when businesses can classify employees as independent contractors. The new law goes into effect on January 1, 2020. For further information, please click this link.

Now What? Practical Tips for Navigating California Post-A.B. 5

Littler·

On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially reclassify two million independent contractors—roughly 10% of the state’s workforce

Easily “Shocked”? At Least for Wage Claims, California Supreme Court Lowers Standard for Unconscionability in Arbitration Agreements

Littler·

In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable. Unconscionability has long been a common-law defense to contract enforcement. What makes OTO v. Kho problematic for employers is the court’s weakening o

Employers Receive Last-Minute Reprieve From The Most Onerous CCPA Compliance Obligations

Littler·

Friday, September 13, 2019, was a lucky day for employers. Just hours before California’s 2019 legislative session ended, the California Assembly approved a bill (A.B. 25) that, if enacted, would substantially narrow the application of the California Consumer Privacy Act (“CCPA”) to employers. Under

CCPA Amendments Updated, Finalized, and Moving on to Governor Newsom

Jackson Lewis P.C.·

The California Consumer Privacy Act is almost here! The groundbreaking law takes effect January 1, 2020. Covered businesses and their service providers have already started preparing, as the CCPA continues to evolve since it was introduced. California’s legislative session ended on September 13th, w

California Legislative Update: Employment Bills That Passed the Legislature and Await Governor Approval

CDF Labor Law LLP·

Friday was the last day for California’s legislature to pass bills and present them to the Governor for signature or veto. The legislature passed a number of employment-related bills this session. A couple of these bills have already been signed into law, but most await approval or veto by Governor

Lessons in Drafting and Implementing an Enforceable Mandatory Arbitration Agreement

FordHarrison·

Recently, the California Supreme Court invalidated a mandatory arbitration agreement in OTO, LLC v. Kho (August 29, 2019) finding the agreement was both procedurally and substantively unconscionable. The case involved arbitration of a former employee’s wage claims. Under California law, employees ha

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

Littler·

This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.

AB 5, Codifying Dynamex and Broadening the ABC Test's Application, Passes California Legislature

FordHarrison·

Executive Summary: After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019, bringing it one step closer to being law. If passed, the new law is expected to impact and clarify the use of independent contractors throughou