Archive for Employment Law Advice & Counsel

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…

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…

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…

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. …

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,…

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…

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…

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…

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…

California Superior Court Judge Declares Prop 22 Unconstitutional

In a stunning ruling late on Friday evening, California Superior Court Judge Frank Groesch ruled that Prop 22 – the most expensive ballot proposition in California history, which last year passed with 59% of the vote and allowed Uber and Lyft to classify their drivers as “independent contractors”…