In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under California law is separate and apart from the requirements under the federal Older Workers Benefit Protection Act (as part of the Age Discrimination in Employment Act) which also provides for such notice for employees over the age of 40.Continue Reading The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel
Labor Law
PAGA Reform: Key Takeaways for California Employers
On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against employers for alleged Labor Code violations. PAGA was meant to improve compensation for and benefit workers in California, but in practice has largely benefitted plaintiffs’ attorneys, which was why reforms were necessary.Continue Reading PAGA Reform: Key Takeaways for California Employers
The California Supreme Court Further Clarifies the Definition of “Hours Worked”
At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power facility, which was located on privately-owned land. To reach the actual worksite, employees had to enter onto private land, present a badge at a security gate (at which point a security guard might “peer” into their car or truck), and then drive an additional 10–15 minutes to access the employee parking lot. It was estimated that the security check could take between 5-30 minutes. This would happen again at the end of the day. Also, because there were endangered species present on the privately-owned land, there were restrictions employees were expected to follow while driving on the road, including not exceeding a certain speed limit, and refraining from honking horns or playing loud music. The Court was asked to answer two questions with respect to the definition of “hours worked” as discussed below.Continue Reading The California Supreme Court Further Clarifies the Definition of “Hours Worked”
Now Available! Weintraub Tobin’s 2024 Labor and Employment Seminar and Training Schedule
Weintraub Tobin’s 2024 Labor and Employment Seminar and Training schedule is now available.
Specifics and invitations for each seminar/training will be posted on our website approximately one month before the event. Click here to receive email alerts and registration information ahead of each seminar.Continue Reading Now Available! Weintraub Tobin’s 2024 Labor and Employment Seminar and Training Schedule
Happy International Women’s Day – Now Wait Another 300 Years for Equality! Wait, What?
The United Nations Secretary General told the Commission on the Status of Women on March 7, 2023, that gender equality is “300 years away.” …
Continue Reading Happy International Women’s Day – Now Wait Another 300 Years for Equality! Wait, What?