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
Category Archives: New Legislation and Regulations
Subscribe to New Legislation and Regulations RSS FeedNew 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 & HourThe 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 & HourWeintraub 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 & HourOn 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 RegulationsLast 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
AB 51: Another Attempt to Take Down Mandatory Arbitration Agreements in California
Posted in Employment Contracts and Agreements, New Legislation and Regulations, Wage & HourBy: Kritika Thukral Background Mandatory arbitration agreements are a source of contention in employment law. However, since 2000, they are generally permissible in California. In response, the California Legislature has made repeated efforts to ban such agreements over the years. In the past, many such bills have passed both the state assembly and the state… 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 RegulationsCalifornia 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
In the News: Lukas Clary in Stateline Article on the Unfolding Impacts of Dynamex Decision
Posted in New Legislation and RegulationsGig Economy Workers Gain Security, But at What Cost? by Scott Rodd, Stateline SACRAMENTO, Calif. — It started with installing some red and green LED lights. Then came the disco balls, neon eyeglasses and a gold Bluetooth karaoke microphone. Daniel Flannery had transformed the car he drives for Uber and Lyft into a party on… Continue Reading
Do California Employers Have Any Scheduling Flexibility Options Left?
Posted in Labor Law, New Legislation and Regulations, Wage & HourScheduling 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
In the News: Lizbeth West In SBJ Article “California Raising the Minimum Wage is Causing a Domino Effect”
Posted in New Legislation and Regulations, Wage & HourMinimum Wage Hikes Leave Businesses Feeling the Pinch by Scott Rodd, Sacramento Business Journal California’s minimum wage is set to increase annually over the next three years, and businesses large and small are feeling the pinch. On Jan. 1, the minimum wage rose from $11 to $12 for companies with more than 25 employees, and from… Continue Reading
Upcoming Seminar: Exempt Status – More Than Just a Salary
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourSummary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, the importance of correctly classifying employees as exempt or non-exempt is clear. This seminar is designed to help employers and HR… Continue Reading
Upcoming Seminar: Independent Contractors v. Employees – Do Independent Contractors Still Exist?
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Uncategorized, Wage & HourSummary 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. In 2018,… Continue Reading
Neutral Solutions 2019: A New Year that Brings New Training Obligations
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and RegulationsWhile it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment… Continue Reading
New Year, New Minimum Wage
Posted in Labor Law, New Legislation and Regulations, Wage & HourEffective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) 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
Brendan Begley Presenting at Employment Litigation 2019: Facing Workplace Realities in Divisive Times
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourBrendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization. Brendan will be speaking at The Rutter Group and the… Continue Reading
Save the Date – Weintraub Tobin’s Employment Law Update 2019
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 & HourTuesday, January 8, 2019 – Sacramento, CA Wednesday, January 23, 2019 – San Francisco, CA Additional information and details for each session will be available December 3, 2018. To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.
Now Available! Weintraub Tobin’s 2019 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 & HourWeintraub Tobin’s 2019 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 rcarrillo@weintraub.com
Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training
Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, UncategorizedMandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the… Continue Reading
Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWell September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term. Out of the 21 employment-related bills I summarized in my September 19th article,… Continue Reading
Beth West Presenting at the Fall Family Forum for the Capital Region Business Center
Posted in Harassment, Labor Law, New Legislation and RegulationsBeth West presenting at the Fall Family Business Forum for the Capital Region Family Business Center on October 10, 2018. Beth will be discussing the “Me Too” Topic and how it impacts family business. For more information on this event, please visit: https://capfamilybus.org/events/fall-2018-family-business-forum/
To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationThe September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law… Continue Reading
Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws
Posted in Labor Law, New Legislation and Regulations, Wage & HourSummary of Program: Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Other times, employers make the mistake of treating an employee… Continue Reading
Good News Employers – There are Now Some Answers to Your Questions About the Recent Law Prohibiting Use of Prior Salary History
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourOn July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 – codified in Labor Code section 432.3). Section 432.3 prohibits employers from relying on the salary history information… Continue Reading
California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationUnder California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander. (Ca. Civ. Code Sec. 44.) Specifically “libel” is defined as a false and unprivileged publication by… Continue Reading
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