State Employment Law Articles

California - General

Articles Discussing General Workplace Issues in California.

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City of Los Angeles Mayor to Sign Long-Awaited and Onerous “Ban the Box” Law

Littler·

In the next week, Los Angeles Mayor Eric Garcetti is expected to sign the Fair Chance Initiative for Hiring (Initiative), which will prohibit most private sector employers from inquiring into a job applicant’s criminal history until after making a conditional offer of employment. Los Angeles’ new “b

An Early Holiday Boost to Low-Wage Silicon Valley Workers?: San José Passes “Opportunity to Work” Ordinance and Accelerates The City’s Minimum Wage Increase

Littler·

The New Year will bring significant changes to the local employment laws affecting Silicon Valley-area employers, with measures aimed at reducing the expansion of the part-time workforce and increasing the minimum wage.

Does Legalized Marijuana Impact Workplace Policies?

CDF Labor Law LLP·

With recreational marijuana now legal in California, many employers are wondering how this impacts their drug free workplace policies and their response to an applicant/employee drug test that is positive for marijuana. Contrary to what many employees likely will believe, the new law does not restri

Senate Bill 1241: New Legislation Requiring Employment Disputes to be Adjudicated in California Under California Law

Jackson Lewis P.C.·

It is common practice for employers to utilize forum selection and choice of law provisions in employment agreements in order to require employees to have employment-related disputes adjudicated outside of California and/or under the law of a state other than California.

Impacts of Proposition 64 on California Employers

Jackson Lewis P.C.·

California voters have decided on a number of important Propositions yesterday. Of the Propositions receiving majority support, California employers may particularly wonder about the potential impacts of Proposition 64, which will legalize the recreational use of marijuana.

California Passes Law Expanding I-9 Controls

Jackson Lewis P.C.·

An amendment to California law expands state prohibitions against “unfair immigration-related practices” related to the hiring of foreign nationals. SB-1001 goes into effective on January 1, 2017.

The DFEH Modifies Proposed Regulations on Use of Criminal Records For Employment Decisions

Jackson Lewis P.C.·

On September 7, 2016, the California Department of Fair Employment and Housing (“DFEH”) announced modifications to its proposed regulations originally promulgated on February 19, 2016, governing the use of criminal history in employment decisions. The new regulations are intended to prevent disparat

Calculation of California Paid Sick Leave May Spook Employers

Jackson Lewis P.C.·

As if paid sick leave wasn’t scary enough! From accrual methods, to the protections provided to the time off, to the varying (and ever growing) laws in different jurisdictions, paid sick leave can be spooky.

SB 1241: Forum Selection and Choice of Law Clauses The Long Arm of California Law Just Got Longer

Jackson Lewis P.C.·

For employers with California employees, there seems to be no way to avoid California’s complicated and protective employment laws, and things just got a bit more complicated.

Reminder to Comply With California Voting Rights Law

CDF Labor Law LLP·

As election day approaches, employers are reminded that California law requires them to post a notice 10 days before the election informing employees of their voting rights under state law. Specifically, employees must be informed that if they do not have sufficient time outside of working hours to

New California Law Limits Employers’ Ability To Inquire Into Juvenile Criminal History

Jackson Lewis P.C.·

On September 27, 2016, Governor Jerry Brown signed Assembly Bill 1843, which prohibits certain inquiries into the criminal past of applicants for employment. The new law now adds a prohibition against asking about, considering as part of the hiring process, or attempting to discover, information rel

New Background Check Requirements for California Transportation Network Companies

Littler·

Effective January 1, 2017, drivers participating with a Transportation Network Company (TNC) in California will be subject to mandatory criminal background checks, regardless of whether a driver is considered an employee or an independent contractor. California Governor Jerry Brown approved Assembly

Holiday Hiring: What’s on Your Employment Application

Jackson Lewis P.C.·

With holiday hiring in full swing, it’s a good time to review what should and should not be asked on employment applications.

The Workplace Policy Institute’s California Legislative Update

Littler·

On Wednesday, October 5, 2016, the WPI gave a one-hour review of the year’s major California employment laws affecting private-sector employers.

California Legislative Update: Employment-Related Bills Signed and Vetoed by Governor

CDF Labor Law LLP·

As previously reported, September 30 was the last day for Governor Brown to sign or veto bills passed by the California legislature this session. This blog covers the final report on bills that were signed into law and vetoed.

California Governor Vetoes Parental Leave Bill Which Would Have Expanded Such Leave to Small Employers

Jackson Lewis P.C.·

The DOL’s final rule on paid sick leave was not the only news-making event in the world of leave management last Friday. While additional time off was being lauded by the federal government, additional protected leave was rejected in California.

New California Law Prohibits Choice of Law and Venue in Employment Contracts

Littler·

On September 25, 2016, Governor Brown signed into law a new California Labor Code provision (Section 925) that is likely to have major repercussions for contracts with employees who live and work primarily in California. The new California Labor Code provision prohibits the use of contract provision

California Legislative Update: Which Bills Made the Final Cut?

Littler·

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were decidedly less exotic.

California Amends Labor Code to Prohibit Employers from Using Juvenile Records in Employment Decisions

Littler·

On September 27, 2016, California Governor Jerry Brown signed Assembly Bill No. 1843, which amends the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes. The amendment is effective January 1, 2017.

California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

Jackson Lewis P.C.·

On September 14, 2016, Governor Jerry Brown signed AB 2377 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment