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Beth V. West

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Beth is a Shareholder and Chair of the Firm’s Labor and Employment Group. She is admitted to practice law in California and Washington. She has years of experience assisting employers in all aspects of their employment relationship with their employees. Her practice focuses on counseling and training employers, HR professionals, and managers.

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If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024.  For the most part, SB 399 has been described as a new “captive audience” law that prevents most, but not all, employers from taking any adverse action against an employee who declines to attend an employer-sponsored meeting in which the employer or its agents discuss “political matters” or “religious matters.” The law came about during a time of great political division in the US, and was aimed at protecting an employee’s right to hold their own political and religious views, and be free of intimidation by their employer.

Continue Reading You Can’t Make Me Go to that Meeting! CA Law Prohibits Adverse Action Against Employees Who Refuse to Go to Certain Meetings

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