Showing 121 posts in California.

The 12 Days of California Labor & Employment Series – Day 6: Au Naturel Hair is Always Welcome

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the sixth day of the holidays, my labor and employment attorney gave to me: six geese a laying and SB 188. More ›

The 12 Days of California Labor & Employment Series – Day 5: More Expansion to Lactation Accommodations

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 142. More ›

The 12 Days of California Labor & Employment Series – Day 4: Notice Required to Employees Regarding Flexible Spending Accounts

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the fourth day of the holidays, my labor and employment attorney gave to me: four calling birds and AB 1554. More ›

The 12 Days of California Labor & Employment Series – Day 3: Harassment Training Deadline Extended

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and its impact on California employers. On the third day of the holidays, my labor and employment attorney gave to me: three French hens and SB 778. More ›

The 12 Days of California Labor & Employment Series – Day 2: Longer Statute of Limitations for Harassment, Discrimination, and Retaliation Claims was not on Employers' Holiday Wish List

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2020. In the spirit of the season, we are using the "12 days of the holidays" to blog daily about one of these new California laws and the law's impact on California employers. On the second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 9. More ›

The 12 Days of California Labor & Employment Series – Day 1: No Rehire Provision is Now a No-No

It's back! Hard to believe another year is coming to a close and the holidays are fast approaching. As always, the legislature is keeping California employers busy; California has once again enacted many employment laws this year set to go into effect in 2020. In the spirit of the season, it's time for our annual "12 days of the holidays" series, where we will blog daily about one California law and its impact on California employers. So, on the first day of the holidays, my labor and employment attorney gave to me: a partridge in a pear tree and SB 749. More ›

California Law Prohibits No-Rehire Provisions in Settlement Agreements

California law typically frowns on contracts that restrict a person's ability to engage in trade for their chosen profession. In keeping with this philosophy, the California legislature has passed AB 749, which was recently signed into law by Governor Newsom. Employers are encouraged to review their settlement agreements to address the new prohibition of no-rehire provisions before the law goes into effect on January 1, 2020. More ›

Significant Win for Franchisors as McDonald's Dodges Franchisee Wage and Hour Claims

In a major victory for franchisors, a panel of the Ninth Circuit recently held that McDonald's Corporation cannot be liable as a joint employer for the wage and hour violations of its franchisees. Importantly, the court held that McDonald's involvement with its franchises and franchise workers is focused on maintaining brand standards and "does not represent control over wages, hours or working conditions." However, uncertainty remains over the liability of franchisors that impose more than just branding and marketing standards on its franchisees. More ›

California Governor Extends Workplace Harassment Training Deadline to 2021

Last December, this blog detailed SB1343 and the law's requirements for employers with five or more employees to provide anti-harassment training. SB1343 expands existing anti-harassment training requirements, and also covers seasonal and temporary workers. Employers are required to provide their non-supervisory employees with one hour of training, and supervisory employees are required to complete two hours of training. The training must then be repeated every two years thereafter. Originally, the deadline for completing the initial training was set at January 1, 2020. More ›

Hair Today…Discrimination Tomorrow? California and New York Adopt Hair Style Protections, Others Surely to Follow

On July 3, 2019, California Governor Gavin Newsom approved Senate Bill No. 188 providing legal protection from discrimination in the workplace and in public schools for natural and protective hairstyles historically worn by black people and people of color. This bill expanded the scope of what is considered a protected race category under the California Fair Employment and Housing Act to include traits "historically associated with race, including, but not limited to, hair texture and protective hairstyles." Following California's lead, New York then became the second state to ban discrimination based on natural hairstyles on July 12, 2019, when Governor Andrew Cuomo signed into law S.6209A/A.7797A, which amends the Human Rights Law and Dignity for All Students Act. There is now proposed legislation in New Jersey as well, modeled after Senate Bill No. 188. This means employers in other states should take a hard look at their workplace hair and grooming policies to avoid discrimination actions. More ›