California - General

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such claims. ZB, N.A., et al. v. Superior Court, No. S246711 (Sept. 12, 2019).

The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business.

School is back in session and employees may soon be asking for time off to attend school related activities involving their children and grandchildren. Employees in California who work at a worksite with 25 or more employees are eligible to take off up to 40 hours a year for child-related activities

The California worker classification bill, Assembly Bill 5 (AB 5), advanced closer to passage just prior to the Labor Day weekend.

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees” under California state labor laws. The Committee’s approval moves the bill

On August 30, 2019, the California Senate Appropriations Committee briefly considered AB 5, the legislature’s response to the California Supreme Court's 2018 opinion in Dynamex v. Superior Court (Dynamex). In Dynamex, the court changed the state’s longstanding law governing worker classification and

Despite having its anti-arbitration rulings reversed several times (and counting) by the United States Supreme Court, the California Supreme Court issued another questionable anti-arbitration decision today in Oto, LLC v. Kho, furthering the Golden State’s ongoing agenda to try to disallow these agr

As businesses prepare for the effective date of the California Consumer Privacy Act, many are conducting data mapping to identify the personal information they collect, who it belongs to, how they use it, with whom they share it and whether they sell or disclose it.

It is back to school time for school children, which means that parents are more likely to request time off to attend to child care or other school activities. And in California—parents have leave entitlements which employers should be mindful of.

As Bay Area employers are well aware, San Francisco has several local employment-related ordinances that provide additional benefits to individuals performing work within the geographical boundaries of the City. One such benefit is paid parental leave.

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

Under current California law, an employer with an establishment in California must report a serious work-related injury, illness or death that occurs at the employer’s place of employment or in connection with their employment to the Division of Occupational Safety and Health by telephone or email w

With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California Supreme Court's opinion in Dynamex v. Superior Court (Dynamex). In Dynamex, the

Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an employee or an independent contractor. If AB 5 is enacted in its current for

In this podcast, Michael Lotito and Jim Paretti of Littler’s Workplace Policy Institute discuss pending California legislation – Assembly Bill 5 or “AB 5” – which is fast-tracking its way through the state legislature. The bill would codify portions of last year’s California Supreme Court decision i

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has d

Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. In the most recent development in the Dynamex saga, the court will now decide whether t

In case you missed them, there have been some recent developments impacting EEO policies and practices and wage and hour practices. This post summarizes some notable developments.

Beginning on July 1, 2020, California will extend the maximum duration of Paid Family Leave (PFL) benefits from six weeks to eight weeks. Individuals may receive benefits from California’s state disability insurance (SDI) program:

In May of this year, the Ninth Circuit issued a significant opinion in Vazquez v. Jan-Pro Franchising Int’l, holding that the California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court applies retroactively. In Dynamex, of course, the California high Court created a brand