For some industries, and in particular, construction, periods of slow work are inevitable.  When no work is available, many employers place their employees on “furlough” – an unpaid, non-working status, but still on the Company “books” – because the employer doesn’t want to deal with terminating and re-hiring the employee.  In California, an employer may temporarily furlough but only if the furlough is truly short-term. Under longstanding guidance from the California Division of Labor Standards Enforcement (DLSE) which was confirmed by the Ninth Circuit Court of Appeals in Hartstein v. Hyatt Corporation, the label of “furlough” or “temporary layoff” is not decisive; what matters is the lack of a specific return-to-work date within that pay period.  As such, a furlough that extends beyond the length of the employer’s regular pay period is considered a termination or “layoff” for wage-and-hour purposes.

Continue Reading Furloughs Extending Beyond a Standard Pay Period Are Treated as Terminations

The Workplace Know Your Rights Act – SB 294, takes effect on January 1st, 2026 and provides requirements for employers to notify employees of their rights related to law enforcement interactions at work, as well as providing the option for employers to notify an emergency contact in the event of an employee’s arrest at the workplace. Weintraub Tobin attorneys Ryan Abernethy and John Slavik discuss the key provisions of the new law, including the penalties for violations.

Continue Reading California Employment News: Understanding the Workplace Know Your Rights Act

California recently passed Senate Bill 617 which requires additional information to be provided in Cal-WARN Act notices issued on or after January 1, 2026.

As a brief background, there are federal and state laws which discuss the issue of notice owed to employees before large layoffs. The Federal law is known as the Worker Adjustment and Retraining Notification or “WARN” Act. California’s version of the WARN act (AB 2957, the “Cal-WARN Act”) contains additional provisions employers must be aware of. Cal-WARN Act notices are required if a “covered” establishment suffers a “mass layoff” or 50 or more employees, a “termination” of substantial operation, or a “relocation” to a different location 100 or more miles away. (Cal. Labor Code §§1400.5(d)-(f).) The notices must be sent to affected employees, the state Employment Development Department (“EDD”), and other local agencies. See our prior articles addressing these requirements in more detail here, as well as the EDD’s summary of the laws here.

Continue Reading New Cal-WARN Act Notice Requirements

In this episode of California Employment News, Weintraub Tobin attorneys Shauna Correia and Meagan Bainbridge discuss SB 261, a new law that strengthens enforcement of California wage judgments. Learn about the new public database for unpaid judgments, triple penalties for late payment, and mandatory attorney’s fees for enforcement.

Continue Reading California Employment News: New Enforcement Tools for Wage Theft Judgments

California’s new AI regulations will take effect on October 1, 2025, impacting how employers can use automated tools in hiring, recruitment, and beyond. In this episode of California Employment News, Weintraub attorneys Meagan Bainbridge and Shauna Correia break down what the rules mean, the risks of noncompliance, and the steps employers can take to stay compliant.

Continue Reading California Employment News: New AI Regulations for Employers