On October 10, 2019, Governor Gavin Newsom signed AB 9 into law. AB 9 extends the deadline for employees to file a charge of employment discrimination, harassment, or retaliation with the Department of Fair Employment and Housing (“DFEH”) from 1 year to 3 years. The new deadline is 3x longer than the current state requirement… Read More
New Employer Notification Obligations for FSA Accounts
Governor Gavin Newsom recently signed AB 1554 into law, which requires California employers who offer their employees Flexible Spending Accounts (“FSAs”) to provide their workers with two separate notices reminding them that they must use the funds in their FSAs before the end of the plan year or the funds will expire. Currently, federal law… Read More
Three New Cases on the Enforceability of Arbitration Agreements
In the employment context, an arbitration agreement is a contract between an employer and an employee in which the parties agree to resolve disputes in front of an arbitrator rather than in civil court. These agreements are often standard in new hire paperwork. Employers like arbitration because it is considered to be more efficient and… Read More
Recent FEHA Amendment on Fee-Shifting is Retroactive
As a direct response to the “Me Too” movement, California enacted a number of new laws in 2018 regarding workplace sexual harassment. This wave of legislation included an amendment to the section of the Fair Employment and Housing Act (“FEHA”) governing fee and cost awards, which was intended to make it more difficult for prevailing… Read More