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
HR & Employment Law Blog
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
Governor Newsom Expands Cal/OSHA’s Enforcement Power
On September 27, 2021, Governor Newsom signed Senate Bill 606 (“SB 606”) into law. SB 606, which will go into effect on January 1, 2022, significantly expands the enforcement authority of the California Division of Occupational Safety and Health (“Cal/OSHA”). SB 606 Creates New Categories of Cal/OSHA Violations SB 606 creates two new categories of… Read More
Federal Court Reinstates Ban on Employment Arbitration Agreements in California – For Now
In 2019, AB 51 is Passed As readers of this blog know, in 2019 the California legislature passed AB 51, a new law that added Section 432.6 to the California Labor Code. This new statute made it illegal for an employer to require an applicant or employee, as a condition of employment, to sign an… Read More
Are You Thinking About Reopening Your Workplace? Think First About Your Safety Obligations to Your Employees.
Many employers are eager to return to the office and “get things back to normal.” If you are an employer who is considering requiring or allowing employees to return to an in-person workplace (or if you have already done so), the first thing to understand is that there is no “back to normal,” at least… Read More
