State Employment Law Articles

California - General

Articles Discussing General Workplace Issues in California.

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California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

FordHarrison·

Executive Summary: In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a condition for payment of sick leave arguably can interfer

California Attorney General Seeks Supply Chain Transparency Information from Businesses

FordHarrison·

Executive Summary: Recently, a number of large retail and manufacturing companies doing business in California may have been surprised to receive a letter from the California Attorney General asking them to demonstrate compliance with the California Transparency in Supply Chains Act. The Act was ena

California Legislature: First out of the Starting Gate

Littler·

California's State Legislature is now producing the labor and employment bills that will be the subject of its attention this year.

Oakland Minimum Wage and Paid Sick Leave Law Effective This Week

CDF Labor Law LLP·

In addition to having to comply with the new statewide paid sick leave law, California employers with employees in Oakland need to ensure that they are complying with a new Oakland minimum wage and paid sick leave measure that took effect March 2, 2015.

California Issues Draft of Proposed Regulations Implementing Hospital Violence Standards

Littler·

California’s Senate Bill 1299, enacted in the fall of 2014, requires the State’s Occupational Safety and Health Standards Board to adopt standards requiring certain hospitals to implement a workplace violence prevention plan by July 1, 2016. On February 5, 2015, the Division of Occupational Safety a

California Supreme Court Clarifies When An Arbitration Award May Be Corrected

Littler·

On January 29, 2015, the California Supreme Court issued a decision clarifying the circumstances under which an arbitrator’s award may be corrected. In Richey v. Autonation, Inc., No. BC408319 (Cal. Jan. 29, 2015), the court examined an arbitrator’s award and concluded that, although the arbitrator

California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court

Jackson Lewis P.C.·

The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (Ca

An Update on the Epidemic: California’s Statewide Paid Sick Leave Law

Littler·

On January 1, 2015, California 's Healthy Workplaces, Healthy Families Act of 2014 (California paid sick leave act) went into effect. When Governor Edmund G. Brown, Jr. signed the Act into law on September 10, 2014, California became the second state to mandate that certain employers provide paid si

Federal Arbitration Act Preempts State Arbitration Rule, California Court of Appeal Holds

Jackson Lewis P.C.·

The Federal Arbitration Act (“FAA”) preempts California’s Broughton-Cruz rule, which states arbitration agreements for injunctive relief claims under the state unfair competition and false advertising laws are against public policy and invalid, the California Court of Appeal has held in an insurance

Employers Get Ready to Ring in the New Year with New California Laws For 2015

FordHarrison·

Executive Summary: Last week marked the official start of the holiday season. As we're now racing towards the end of the year, and getting ready for parties, gifts, and, perhaps, (ugh!) holiday travel, employers also should be getting ready to implement policies to comply with a number of new Califo

Newspaper Carriers were Employees, Despite Independent Contractor Agreement, California Court Rules

Jackson Lewis P.C.·

A newspaper misclassified its newspaper carriers as independent contractors, the Superior Court for the County of Sacramento has ruled following a trial in a class action for employees’ unpaid mileage expenses under Section 2802 of the California Labor Code. Sawin v. The McClatchy Co., No. 34-2009-0

How Different is California From the Rest of the United States?

Littler·

It has been said that in many ways—including politically—the Golden State seems to march to the beat of its own drum. Accordingly, it comes as little surprise that the red Republican breaker that swept across the United States in last Tuesday’s election caused only a small wave in deep blue Californ

California Law Expands Scope of Liability of Employers that Use Labor Contractors

FordHarrison·

Executive Summary: California employers that hire temporary workers now share liability with staffing agencies for certain violations of the state's labor laws. On September 28, 2014, California Governor Jerry Brown signed into law Assembly Bill 1897, a controversial bill that significantly expands

California Expands Training and Staffing Requirements for Assisted Living Facilities and Enacts Workplace Safety Bill to Address Violence in Hospitals

Littler·

California recently enacted two laws that expand the training and staffing requirements for assisted living facilities in the state and another measure that requires hospitals to implement a workplace violence prevention plan.

California Takes the Lead Again in Data Breach Laws

Littler·

California has taken the lead once again in the area of data breach notification laws. In 2002, California was the first state to pass a law requiring companies to notify affected individuals of the breach of their personal information. On September 30, 2014, California’s governor signed into law th

California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination

Jackson Lewis P.C.·

California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns.

Bullying Be Gone – New California Law Makes Anti-Bullying Training For Employers' Supervisors A Must

Littler·

Since 2004, California employers with 50 or more employees have been required to provide their supervisors with sexual harassment training. Effective January 1, 2015, these employers will have an additional responsibility. Governor Jerry Brown signed A.B. 2053 into law on September 9, 2014, mandatin

California Becomes First State to Require Credit Monitoring Services Information Following a Data Breach

Jackson Lewis P.C.·

An amendment to the California data breach notification statute requires companies that experience a data breach to include information in the notification that if identity theft prevention and mitigation services are provided, they must be provided for at least 12 months to affected persons at no c

California's 2014 Bill Signings and Vetoes are Almost Complete

Littler·

California Governor Jerry Brown has until next Tuesday, September 30, to sign or veto bills recently passed by the California Legislature.

California Enacts Paid Sick Leave Law

Jackson Lewis P.C.·

With the enactment of the Healthy Workplaces, Healthy Families Act of 2014 (AB1522), California has become the second state in the nation, after Connecticut, to mandate employers provide their employees, including part-time and temporary workers, paid sick leave.