Governor Newsom formally concluded the 2024 legislative session by signing into law several new bills that greatly expand employee rights in California starting on January 1, 2025. Between now and then, California employers should review their existing policies to ensure compliance with these laws in the new year. New State Minimum Wage (Prop 32) On… Read More
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Governor Signs PAGA Reform Bills to Ease Burdens on Employers
California’s Private Attorneys General Act (“PAGA”) deputizes any employee who has experienced a violation of virtually any state employment law to sue to recover penalties arising out of violations he or she experienced – plus penalties arising out of violations committed against every one of his or her coworkers, and attorneys’ fees. The potentially massive… Read More
EEOC Updates Workplace Harassment Guidance
Earlier today, for the first time in over 25 years, the federal Equal Employment Opportunity Commission (EEOC) updated its enforcement guidance on unlawful workplace harassment. Though not legally binding, this new guidance makes clear how the EEOC will enforce federal anti-harassment laws under the current administration. The EEOC’s new guidance provides clarity — and… Read More
Landmark Supreme Court Decision Expands Whistleblower Protections
In a major victory for whistleblowers, the U.S. Supreme Court recently ruled in favor of Trevor Murray, a former UBS employee who was fired after reporting what he believed to be illegal activity. The U.S. Supreme Court’s decision in Murray v. UBS expands protections for whistleblowers under the Sarbanes-Oxley Act (SOX), making it easier for employees… Read More
The Most Important Employment Laws You Need to Know? Let’s Ask AI
The popularity and accessibility of artificial intelligence (“AI”) tools, such as ChatGPT and Bard, have grown exponentially this year. However, the careless use of these tools in legal settings can lead to embarrassment and even sanctions. To test how reliable AI is for even basic legal research, we asked four popular AI search engines to… Read More
Are “Stay Or Pay” Clauses The New Non-Competes?
Today’s New York Times contains an excellent article on the increasing use of so-called “stay or pay” clauses in employment agreements. Once an employee signs a contract with a “stay or pay” clause, if that employee quits before X months/years (each contract is different), the employee will have to repay the employer for the costs… Read More
Supreme Court: Employers Must Accommodate Employees’ Religious Practices
The U.S. Supreme Court recently ruled, in Groff v. DeJoy, that employers have a heightened duty to accommodate their employees’ religious practices.
DHS Ends Temporary I-9 Flexibilities Today
The I-9 “temporary flexibilities” that were born out of the COVID emergency expire today. Employers now have 30 days from today — or until August 30, 2023 — to get all of their I-9 forms into compliance for those employees (a) who were hired after March 2020, and (b) whose identification records were not physically… Read More
Employees Now Can Sue Under PAGA for Paid Sick Leave Violations
California’s Healthy Workplaces, Healthy Families Act (known as the “Paid Sick Leave Law” or “PSLL”) requires employers to provide employees, with a few narrow exceptions, three days of paid sick leave each year. The PSLL does not give employees a private right of action, meaning that employees can’t sue their employers directly under the PSLL. … Read More
California Announces New Guidance on Mandatory Payroll Data Reporting
California law requires employers with 100 or more U.S. employees to annually submit data on the pay, hours worked, and demographics of all employees who either work within California or who are assigned to a California establishment, even if they reside or telework from another state. This data must be submitted every year to the… Read More
