California Employment Law

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On July 1, 2025, the California Civil Rights Department (“CRD”) issued its new Notice entitled “Survivors Of Violence And Family Members Of Victims Right To Leave And Accommodations.” The new Notice was issued pursuant to Assembly Bill 2499 which was signed into law in late 2024.  Among other things, the legislation expanded leave and accommodation protections for employees who are either the victim of, or have a family member who is the victim of, certain qualifying acts of violence, as defined by the statute.Continue Reading The CA Civil Rights Dept. Issues New Notice on Qualifying Acts of Violence Leave & Accommodation

In this installment of California Employment News, Ryan Abernethy and Nikki Mahmoudi provide an essential overview of California’s Fair Chance Act—also known as the Ban the Box law. Learn what employers need to know about using criminal history in hiring decisions.Continue Reading California Employment News: Fair Chance Act – A Brief Overview of Employment Criminal Background Checks

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc.  In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer.  The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad language must be interpreted to encompass both types of claims.  Macy’s appealed.Continue Reading Ninth Circuit Holds that Non-Individual PAGA Claims Cannot be Compelled to Arbitration Even When the Agreement Only Waives Class or Collective Actions

The recent 9th Circuit opinion in US Chamber of Commerce v. Bonta struck down AB 51, determining that it was preempted by the Federal Arbitration Act. Meagan Bainbridge and Lukas Clary review how this decision impacts the use of mandatory arbitration agreements for California employers in this episode of California Employment News.Continue Reading California Employment News: The State of Mandatory Arbitration Agreements in California Employment

On March 14, 2022, the EEOC released a new technical assistance guidance document entitled “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law.”

Essentially, the guidance reiterates that an employer may not discriminate against an applicant or employee under federal law on the basis of protected classes such sex (including pregnancy, sexual orientation, or gender identity), race, color, religion, national origin, age (40 or older), disability or genetic information.  However, the purpose of the guidance is to illustrate how discrimination on the basis of a protected class can occur, possibly even inadvertently, if employers make assumptions and decisions based on an applicant’s or employee’s caregiving obligations due to the Covid-19 pandemic.
Continue Reading The EEOC’s New Guidance Says Discrimination Against “Caregivers” May Violate Federal Law