California - General

The Department of Labor (DOL) has made it clear. Regardless of the reason, classification errors can be costly for employers, as the error often affects a number of employees having similar job titles and therefore lends itself to class treatment of the claim. Furthermore, if you are on the unlucky

Much like the agricultural harvest cycles it may affect, September 12, 2016, marks the planting season for the Phase-In Overtime for Agricultural Workers Act of 2016.

The City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance went into effect on July 11, 2016. Beginning October 1, 2016, employers must post two new notices in the workplace and give employees and new hires a notice containing certain employer information. Failure to comply with these requ

On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). The employee handbook at issue stated, “[T]his handbook is not intended to be

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some bills that had been amended at the end of August.

On August 31, 2016, the City of Berkeley, California joined the long list of local jurisdictions to create a local sick leave law when it enacted the “Paid Sick Leave Ordinance.” Berkeley also amended its minimum wage law1 and codified a new law concerning hospitality service charges. The Ordinance

Throughout the year, we’ve reported on various employment-related bills being considered by the California legislature. The 2016 legislative session came to a close yesterday, so we are now reporting on the final status of bills that were passed by both houses and have now been sent to the Governor

By now, California employers are probably aware of the “Ban the Box” movement sweeping the nation. Lawmakers and government agencies aim to provide applicants with a fair chance at employment by eliminating conviction history inquiries in background checks, interviews, and applications. Over 100 cit

San Diego’s Earned Sick Leave and Minimum Wage Ordinance has been amended less than two months after its July 11, 2016 effective date.1 The amendments, instituted via the oddly-titled “Implementing Ordinance,” plug gaps the original law created, create an administrative enforcement system for receiv

California may be the next state to join Alaska, Colorado, the District of Columbia, Oregon and Washington in legalizing adult recreational use of marijuana. On November 8, 2016, California voters will decide whether to approve Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Ac

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (2012 Guidance). The updated guidance does not prohibit emplo

Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? The California Supreme Court responded that there is no “one-size-fits-all” answer and the issue is a matter of cont

Executive Summary: In a decision that will likely be seen as a win for employees, a sharply divided California Supreme Court ruled that the question of whether a court or an arbitrator decides if an arbitration agreement permits class claims should be determined on a case-by-case basis, specifically

There has been much litigation over the issue of whether an employment arbitration agreement validly may include a provision requiring the employee to waive class claims. It is well-established now that these waivers are, in fact, valid. However, not all agreements contain language explicitly statin

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016.

On July 7, 2016, Assembly Bill No. 1684 (“AB1684”)[1], introduced in support California’s anti- human trafficking laws, passed both the Senate and the House of Representatives and was ordered enrolled.

Gridley, California-based natural food company Mary’s Gone Crackers Inc. agreed and consented to payment of $1.5 million and establishment of a corporate compliance program under a non-prosecution agreement reached with the U.S. Attorney’s Office for the Eastern District of California on July 19, 20

On June 27, 2016, SB 836, a 96-page budget trailer bill, was signed into law. Sections 189-191 of this bill amend California’s Private Attorneys General Act (PAGA) (Labor Code sections 2699 et seq.) effective immediately. The changes are as follows:

Executive Summary: In City of Petaluma v. Superior Court (Andrea Waters), the California Court of Appeal recently held that outside counsel's fact investigation of an employee's harassment and discrimination claims conducted prior to litigation was protected by the attorney-client privilege and work

Effective this Friday, July 1, 2016, employees working at least two hours in a workweek in the City of San Francisco must be paid at least $13.00 for each hour worked. The new $13 hourly rate is an increase from $12.25 per hour.