In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements that prevent the disclosure of factual information relating to claims of sexual assault, sexual harassment, failure to prevent harassment, harassment in a professional relationship, discrimination based on sex, or retaliation that had been made in connection with a civil lawsuit or administrative action.  Senate Bill 820 took effect on January 1, 2019.   Notably, it applied only to claims based on sex and not other forms of harassment or discrimination nor did it apply to settlement or severance agreements signed before an employee filed a lawsuit. Continue Reading Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

Cal/OSHA has quietly made several updates to the FAQs for its COVID-19 Prevention Emergency Temporary Standards (ETS).  The additions shed additional light on, and in some regards revise previous guidance, relating to Isolation and Quarantine, Vaccines, and Exclusion Pay. Continue Reading California’s ETS Updates Since Biden’s Vaccine Mandate Announcement

On September 27, 2021, Governor Newsom signed SB 606, which creates two new categories of Cal/OSHA violations: “enterprise-wide” violations and “egregious” violations. The new law expands Cal/OSHA’s citation authority and could have the effect of greatly increasing the fines employers (especially those large employers with multiple worksites) might be subject to. The new law will go into effect on January 1, 2022. Continue Reading Legislative Update: Cal/OSHA’s Citation Authority Expanded

As many will recall, the California Family Rights Act (“CFRA”) was significantly expanded last year. The CFRA requires most employers grant eligible employees up to 12 weeks of job-protected time off. On September 27, 2021, Governor Newsom signed AB 1033, which provides that leave must now be granted to eligible employees for the purposes of providing care to a parent-in-law with a serious medical condition. Continue Reading Legislative Update: Parents-in-Law Now Covered under the CFRA

On September 27, 2021, Governor Newsom signed AB 1003 into law. AB 1003 adds a new type of grand theft to Penal Code section 487m for an employer’s intentional theft of wages in an amount greater than $950 (from any one employee), or $2,350 (from two or more employees) in a 12-month period. Violations of this new law also carry a potential prison sentence of up to three years. AB 1003 further allows for the recovery of wages through a civil action. Continue Reading Legislative Update: Intentional Wage Theft Could Result in Criminal Liability