Archive for Uncategorized

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…

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…

#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…

Cal-OSHA Provides Additional Guidance for Employers Regarding COVID-19 Emergency Temporary Standards

On November 30, 2020, California’s Division of Occupational Safety and Health (Cal-OSHA) adopted a set of COVID-19 Emergency Temporary Standards (“ETS”), which became effective immediately.  The ETS require employers to take various actions to protect their workplaces from COVID-19.  You can read our previous blog post about the…

California Expands Employers’ Lactation Accommodation Requirements

On October 10, 2019, Governor Gavin Newsom signed SB 142 into law, which expands California employers’ obligations to accommodate employees who need to express breastmilk during the workday, most notably by adding a number of new requirements for the lactation space itself.  The bill also establishes significant penalties…

Attracting and Keeping Millennial Employees

The tech boom seems to have brought about a major shift in what employees and candidates expect from their (prospective) employers. According to a February 2019 CNBC article, this is especially true amongst millennials. On one hand, employers—particularly those within the tech realm—are offering an increasing number of…

Heads Up — July 1 Minimum Wage Increases

If you do business in any of the cities below, be sure that as of July 1, 2019, you began paying any minimum wage employees at the current increased rates. If you use a payroll service, they likely notified you and took care of it.  But if you…

One Day, Two Opposite Results in Arbitration Cases

On the same day, two different California appellate courts reached opposite conclusions as to whether an employer’s arbitration agreement was enforceable or not. Subcontracting Concepts v. DeMelo — Arbitration Agreement Void and Unenforceable In one case, Subcontracting Concepts, LLC v. DeMelo, the Court found that the arbitration agreement was both…

CA Supreme Court Delivers Bombshell Ruling — Even Harder Now for Employers to Classify Workers as Independent Contractors

Determining whether a worker should be classified as an employee or independent contractor has always been a challenging task that frustrates our clients.  There are a variety of legal “tests” that are used in different contexts in order to make that determination.  A worker can be considered an…