Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local, state, or federal regulation to, among others, a government or law enforcement agency. The law also prohibits employers from retaliating against an employee who makes such a disclosure.Continue Reading CA Labor Commissioner Issues New Whistleblower Notice
The California Department of Industrial Relations (“DIR”) recently issued some FAQs regarding how PAGA claims are administered following reform legislation. As you may know, the CA Legislature acted earlier this year to pass legislation to reform PAGA in order to avoid a vote by citizens this November on a ballot measure to repeal the PAGA statute.Continue Reading CA’s DIR Issues Frequently Asked Questions Related to PAGA After This Year’s Legislative Reform
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
If you’re a California employer, I hope the following is not news to you. Pursuant to SB 553, most employers in California are required to put in place an effective Workplace Violence Prevention Plan (“WVPP”) by July 1, 2024. SB 553 added section 6401.9 to the California Labor Code to address the requirements for a compliant WVPP. Continue Reading Preparing Your Workplace Violence Prevention Plan Just Got a Little Easier – CalOSHA Issues a Model Plan & Other Resources
There are a number of statutes in California that grant eligible employees the right to take a leave of absence for various reasons. SB848 creates a new leave of absence entitlement under CA law regarding reproductive loss. Lizbeth “Beth” West and Shauna Correia review this new protected leave in this episode of California Employment News.Continue Reading California Employment News: SB848 – Protected Leave for Reproductive Loss
