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Category Archives: Labor Law

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COVID-19: Resources for California Employers (Updated 4/3/20)

Posted in Labor Law, New Legislation and Regulations

The COVID-19 pandemic is forcing employers to make unprecedented decisions about their workplace. In an effort to help employers as they make the difficult decisions they are currently facing, we have gathered guidance released by many of the federal and state agencies specifically related to COVID-19. We hope this page is useful resource. That being… Continue Reading

IRS to Provide Tax Relief to Some Employers in Light of Families First Coronavirus Response Act

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On March 20, 2020, the Department of Treasury, IRS, and Department of Labor announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act. Specifically, it was announced that employers will have access to refundable payroll tax credits designed to provide reimbursement for the… Continue Reading

(H.R. 6201) FAMILIES FIRST CORONAVIRUS RESPONSE ACT: What Employers Should Know

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (“FFCRA”). The President quickly signed it into law on the same day. The Act provides paid sick time and expands the Family and Medical Leave Act to provide an extended period of unpaid or partially paid leave for qualifying reasons related to the… Continue Reading

San Francisco Paid Sick Leave Expanded Due to COVID-19

Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & Hour

Yesterday, San Francisco Mayor London N. Breed announced a “Workers and Families First Program” to offer additional paid sick leave benefits to employees who have been impacted by the COVID-19 pandemic.  It will apply to San Francisco private sector workers, and if fully utilized, it could provide coverage for up to 25,000 San Francisco workers. … Continue Reading

Employers Beware! Settling Individual Employee Claims Will Not Bar His or Her PAGA Claims

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

On March 12, 2020, in the case Kim v. Reins International California, Inc., the California Supreme Court addressed the issue: “Do employees lose standing to pursue a claim under the Labor Code Private Attorneys General Act (“PAGA”) … if they settle and dismiss their individual claims for Labor Code violations?”  Unfortunately, for employers in California,… Continue Reading

California Appeals Order Barring Enforcement of New Anti-Arbitration Law

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

The State of California filed an appeal last week to challenge a federal court’s order barring California from enforcing a new state law that would curtail workplace arbitration agreements.  Unless the State takes some additional action, the lower court’s ban on enforcement of the new law, AB 51, will remain in effect during the appeal…. Continue Reading

Federal Court Explains Order Barring California From Enforcing New Anti-Employment-Arbitration Law

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

A federal court in Sacramento explained last week its rationale for temporarily barring the State of California from enforcing a new law, AB 51, that would curtail employment arbitration agreements.  The rationale set forth in that written order of February 7, 2020, strongly suggests (but does not guarantee) that the court is inclined to permanently… Continue Reading

Federal Court Extends Order Barring California From Enforcing New Anti-Employment-Arbitration Law

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

A federal judge in Sacramento has continued an order that temporarily bars the State of California from enforcing a new state law that would curtail employment arbitration agreements.  The new law, AB 51, which added section 432.6 to the California Labor Code, would have banned employers from requiring employees to agree to arbitrate claims alleging… Continue Reading

Upcoming Seminar: Life After Dynamex and AB 5 – Independent Contractors v. Employees

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. AB 5… Continue Reading

New Year, New Minimum Wage

Posted in Labor Law, New Legislation and Regulations, Uncategorized, Wage & Hour

Effective January 1, 2020, California’s minimum wage rate increased to $13.00 per hour (from $12.00) for employers with 26 or more employees and $12.00 per hour (from $11.00) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers… Continue Reading

Court Blocks Ban on Mandatory Arbitration Agreements in Employment

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Mandatory arbitration agreements in California employment have been granted a stay of execution. For now. Earlier today, a federal judge in California issued a temporary restraining order enjoining enforcement of AB 51, the new California law that would have banned employers in the state from requiring employees to sign mandatory arbitration agreements as a condition… Continue Reading

Religious Employer Prevails Over Allegations That it Waived Religious Entity Exemption From FEHA

Posted in Discrimination, Labor Law, Retaliation and Wrongful Termination

In 2018, this author blogged about how religious entities can navigate the potential traps when they seek to comply with the federal laws against anti-harassment, discrimination and retaliation laws by adopting handbook policies and training their employees, while protecting their status as exempt from the California analog to Title VII, the Fair Employment and Housing… Continue Reading

Even Unintentional Disability Discrimination is Actionable in California

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law

In a decision that may lead employers to feel a little less gratified on Thanksgiving Day, a California appellate court determined last week that “even a legitimate company policy, if mistakenly applied,” can lead to liability for disability discrimination in the Golden State.  Specifically, the Court of Appeal ruled that “a lack of [discriminatory] animus… Continue Reading

New California Law Will Outlaw “No-Rehire” Provisions in Settlement Agreements

Posted in Discrimination, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court.  In 2015, the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, held that a “no-rehire” provision in a settlement agreement between the plaintiff doctor and his… Continue Reading

New Laws that Will Significantly Impact the Litigation of Employment Disputes

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills. Below is a summary of just a few of those bills that will have a significant impact on employment litigation in… Continue Reading

Now Available! Weintraub Tobin’s 2020 Labor and Employment Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2020 Labor and Employment Seminar and Training schedule is now available.  Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:  Ramona Carrillo  (916) 558-6046.

The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On September 12, 2019, the California Supreme Court issued it decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”).  In analyzing whether the Plaintiff’s lawsuit could be compelled to binding arbitration under the arbitration agreement she entered into with her employer, the Supreme Court clarified that under Labor… Continue Reading

California Employers Have Another Year To Comply With New Mandatory Sexual Harassment Prevention Training Requirements

Posted in Harassment, Labor Law, New Legislation and Regulations

Last year, new California legislation effective January 1, 2019 expanded the mandatory sexual harassment prevention training requirements for California employees.  That law required that, by January 1, 2020, employers with 5 or more employees must provide their supervisory employees with two hours of classroom or other effective interactive training and education AND must provide their… Continue Reading

Ninth Circuit Clarifies the Interactive Process Does Not Apply to Public Accommodations under Title III

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Nicholas E. Ma The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore possible accommodations, there is no interactive process requirement for public accommodations and services.  By the same token,… Continue Reading

Will Assembly Bill 5 – and the Answer to the Question of … What Test Applies When Classifying Independent Contractors … Make it to the Governor’s Desk this Year?

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law

If you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with anticipation if Governor Newsom will sign the Bill if it makes it to his desk.  As a reminder, AB 5… Continue Reading

The Request and Use of Background Checks by California Employers

Posted in Employee Privacy Rights, Labor Law

By:  Shauna Correia and Nicholas Ma Many employers routinely conduct background checks of potential and current employees.  It comes to no surprise that in the current digital age, employers can obtain extensive background information on applicants and employees quicker than ever from third party reporting companies.  However, employers must remain vigilant to avoid receiving information… Continue Reading

Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

Posted in Labor Law

  In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written… Continue Reading

New DFEH Notice and Certification Related to Medical Leaves and Parental Leaves under California Law

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued two new documents that are relevant to the administration of an employee’s leave under these laws. Family Care and Medical Leave and Pregnancy… Continue Reading

Do California Employers Have Any Scheduling Flexibility Options Left?

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court case, Ward v. Tilly’s, Inc., in which the Court ruled that “reporting time” pay is owed whenever an employee is required to “report”… Continue Reading