State Employment Law Articles

California - General

Articles Discussing General Workplace Issues in California.

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Payroll Company Not Liable Under Third Party Beneficiary Doctrine

Jackson Lewis P.C.·

On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an e

Disability Discrimination and Reasonable Accommodation under California’s Fair Employment and Housing Act (FEHA) [1]

Jackson Lewis P.C.·

If your business has five or more employees, your business is one of the millions in California that has a duty to provide reasonable accommodations for its employees with known disabilities.

State Law Developments in Consumer Privacy

Jackson Lewis P.C.·

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly w

Start Planning Your Workplace Sexual Harassment Trainings Early – The Ins and Outs of the Training Requirements Going into Place in 2020

Jackson Lewis P.C.·

California employment law is changing once again. By January 1, 2020, an employer having five or more employees will be required to provide at least one hour of sexual harassment training to all of its employees, once every two years. The training will be required to start within six months of the e

The Wild West 2019: WPI’s California Legislative Round-Up

Littler·

Bruce Sarchet and Corinn Jackson with Littler’s Workplace Policy Institute review the key labor and employment measures introduced this year in the California legislature. Lawmakers have filed bills on a wide range of topics, from independent contractor classification to hairstyle discrimination – a

Paid Sick Leave Laws May Vary By City

Jackson Lewis P.C.·

By now, most employers should be aware of the California Healthy Workplaces, Healthy Family Act which went into effect in 2015. Under California law, all employers (with very few exceptions), must allow employees to use up to 3 days or 24 hours of paid sick leave in a 12-month period. However, what

Update on Recent Court Decisions: Background Checks, Call-in Pay, and Payroll Company Liability

CDF Labor Law LLP·

California courts have been busy since the start of the new year issuing decisions that affect employers with California employees. Here’s an update on the most significant of these decisions and how they impact employers and their policies and practices.

California AG Announces Amendment to the CCPA

Jackson Lewis P.C.·

On February 25, 2019, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA), which was enacted in June of 2018. If enacted, this would be the second amendment to

Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers

Jackson Lewis P.C.·

The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor

California Consumer Privacy Act: FAQs for Employers

Jackson Lewis P.C.·

Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing

Data Privacy Day – Special Report – California Consumer Privacy Act FAQs for Employers

Jackson Lewis P.C.·

Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team!

Independent Contractor Test the Subject of Two California Assembly Bills

Jackson Lewis P.C.·

In 2018, the California Supreme Court issued an opinion (Dynamex Operations West, Inc. v. Superior Court of Los Angeles County) establishing a new standard (“ABC test”) for determining whether an individual is an independent contractor or employee in the context of claims brought under the State’s I

California Enforces Arbitration Agreement with Staffing Agency in Favor of Worksite Employer

Jackson Lewis P.C.·

An employer successfully compelled arbitration under an arbitration agreement that the plaintiff-workers had with their staffing agency, even though the staffing agency was not a defendant in the lawsuit.

A Roadmap for the Future of Work: California’s Little Hoover Commission Issues Report Highlighting the Importance of Building a "Human Infrastructure" to Ride Out the TIDE

Littler·

The opportunities and challenges that artificial intelligence (AI) and automation are creating for the labor market are gaining increasing attention in both policy circles and society at large. The creation of the American Workforce Policy Advisory Board, whose members are expected to be announced e

“Charting” a Course for the New Year: A Summary of California’s Expanded Employer Training Duties

Littler·

Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics.1

California State Disability Insurance (SDI) Increases

Jackson Lewis P.C.·

It’s a new year, and California SDI benefits will be increasing. The SDI withholding rate continues to be 1.0% of wages. But, the taxable wage limit will increase from $114,967 to $118,371.

After the Ball Drops, What’s New in California?

Littler·

In this podcast, Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, survey numerous wide-sweeping changes affecting California employers in 2019.

New Year’s Resolution: Developing a Universal Paid Sick & Safe Time Policy

Littler·

Developing a paid sick and safe time (PSST) policy that complies universally – or at the very least with two laws – has become increasingly challenging. Without fail, and despite some overlap, each new law seems to contain one provision that could interfere with the goal of establishing uniform prac

Whistling Past the Graveyard – The Perils of Rounding Policies

CDF Labor Law LLP·

For decades, American employers have used the legally endorsed policy of rounding employees’ time to the nearest quarter hour. This has always been permissible, provided the policy was neutral in effect, meaning that on balance employees were not underpaid as a result. Back in the days not so long a