The following bills were recently signed into law by Governor Newsom. California employers will need to be in compliance with each of these new laws on January 1, 2023 unless otherwise stated in the summaries below. AB 257 – improve working conditions and wages for fast-food employees AB 257 authorizes the California Department of Industrial… Read More
HR & Employment Law Blog
Federal Court Rules that Gender Dysphoria is a Disability Protected the ADA
On August 16, 2022, the Fourth Circuit Court of Appeals ruled in Williams v. Kincaid that transgender people who experience gender dysphoria are protected from discrimination under the Americans with Disabilities Act (ADA). Gender dysphoria is a “discomfort or distress that is caused by a discrepancy between a person’s gender identity and that person’s sex… Read More
New California Laws Require Training for Alcohol Servers
Two new California laws, AB 1221 and AB 82, require every server of alcohol and their managers to be trained in responsible alcohol service. The new laws took effect on July 1, 2022 and require all existing alcohol servers to complete their training by August 31, 2022. New hires must complete their training within 60… Read More
U.S. Supreme Court Delivers Bombshell PAGA Ruling in Favor of Employers
On June 15, 2022, in a blockbuster case known as Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court finally answered a burning employment law issue here in California – whether California’s rule prohibiting the use of arbitration agreements to force an employee to waive her right to bring a representative action under PAGA… Read More
CA Supreme Court: Meal/Rest Period “Premium Pay” Is Wages
On May 22, 2022, the California Supreme Court held in Naranjo v. Spectrum Security Services, Inc. that premium payments owed by an employer to a non-exempt employee for missed meal/rest periods are “wages” and not penalties. Thus, when those premium payments are owed but not timely paid, the employer can be subject to additional penalties… Read More
Will They Stay or Will They Go? Gauging Employee Satisfaction Through “Stay Interviews”
Employee retention remains at the forefront of many employers’ minds – especially in light of the ongoing “Great Resignation.” In a recent article published by Fast Company, author Tomas Chamorro-Premuzic examines the concept of “stay interviews” as a possible remedy to concerns about retention. Chamorro-Premuzic defines a stay interview as a one-on-one conversation with employees… Read More
Employee Gets COVID at Work + Employee’s Family Members Then Get COVID = Family Members Can Sue You
Just when California employers thought things could not get any worse… In See’s Candies, Inc. v. Superior Court, the California Court of Appeal addressed the question of whether a family member of an employee who contracted COVID while at work can sue their family member’s employer for damages. The Court’s answer? A resounding “Yes.” The… Read More
#MeToo in 2022: New Restrictions on Employer Confidentiality Agreements
In 2018, in response to the #MeToo movement, California passed SB 820, the STAND (Stand Together Against Non-Disclosure) Act. SB 820 prohibited using confidentiality provisions in settlement agreements in cases involving claims of sexual assault, sexual harassment, and workplace harassment or discrimination based on sex. We blogged about SB820 previously here. After SB 820 became… Read More
Cal/OSHA Announces New COVID Requirements for Employers
The first version of the Division of Occupational Safety and Health’s (“Cal/OSHA’s”) COVID-19 Emergency Temporary Standards (“ETS”) were adopted on November 30, 2020. The ETS sets forth requirements for employers and employees on a wide range of issues related to COVID-19, including masking requirements, when testing is required, and steps to take in the event… Read More
Coming Right Up! New Wage and Hour Laws Effective January 1, 2022
California’s 2021 legislative session has ended, and with it came a number of new wage and hour laws going into effect on January 1, 2022. Each of these latest Assembly Bills (“AB”) and Senate Bills (“SB”) impact employers in various industries. California employers should review and plan to implement whatever changes apply to their businesses… Read More
