On September 27, 2024, Governor Newsom signed Senate Bill (SB) 1137, which clarifies that the Unruh Civil Rights Act, the provisions of the Education Code prohibiting discrimination in public education, and the California Fair Employment and Housing Act (FEHA) prohibit discrimination on the basis not just of individual protected traits, but also on the basis of the intersectionality (e.g.,
California Workplace Law Blog
Insight & Commentary on California Workplace Law Issues & Developments
Latest from California Workplace Law Blog
California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties
For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failure to pay premium wages for meal and rest period violations gave rise to claims for waiting time…
Updates to Required California Pamphlets for New Hires
The State of California recently updated two pamphlets that must be provided to new hires.
The California Department of Industrial Relations Division of Workers Compensation updated its “Time of Hire” Pamphlet. Employers must provide this document to newly hired employees. The document explains what workers’ compensation is, how to file a claim in addition to navigating medical care.…
California Supreme Court Rules Trial Courts Lack Authority to Strike PAGA Claims Based on Manageability
On January 18, 2024, the California Supreme Court issued its opinion in Estrada v. Royalty Carpet Mills. In the Estrada decision, the California Supreme Court resolved a split of authority on the issue of whether trial courts have discretion to strike or narrow a Private Attorneys General Act (PAGA) claim based upon manageability grounds.
The Supreme Court held trial courts…
Computer Software Employees and Physicians Overtime Exemption Rates for 2024
For an employee to be exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt.
The most common exemptions are the executive, administrative, and professional exemptions. Workers who are employed in administrative, managerial, executive, or professional capacities generally fall under one of these exemptions. Each exemption has detailed requirements as…
It’s PSL Season—Not Pumpkin Spice Latte but Paid Sick Leave
As school resumes and temperatures fall, employees may be calling out sick. Here is a refresher on the basics of California’s paid sick leave law known as the Healthy Workplace Healthy Families Act, Labor Code 245 et seq.
Covered Employers
The state’s paid sick leave requirement applies to all employers and includes public employees.
Covered Employees
Employees who have worked…
No Fooling: City of Los Angeles Retail Fair Workweek Ordinance Takes Effect April 1, 2023
In November 2022, the City of Los Angeles passed the Retail Fair Workweek Ordinance. The ordinance is set to take effect on April 1, 2023. The ordinance sets forth requirements for retail businesses in handling scheduling and providing work schedules to employees. Covered employees are anyone working in the City of Los Angeles for at least two hours per…
California Court of Appeal Addresses When Violations are “Willful” or “Knowing and Intentional” for Grant of Certain Wage and Hour Penalties
In May 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Security Systems, which considered the issue of whether failing to pay premium wages for meal and rest period violations gave rise to claims for waiting time penalties or violations of wage statement requirements.
The underlying action was a class action brought by former and current…
The City of Los Angeles Passes Retail Fair Workweek Ordinance
Today, November 29, 2022, the Los Angeles City Council passed the Fair Work Week Ordinance on the second reading. The ordinance now goes to the mayor for final approval. If approved by the mayor, it will take effect on April 1, 2023.
Covered Employers
Under the ordinance, covered employers are defined as those businesses identified as a retail business under…
Getting Local: Oakland Local Ordinances
Employers in California are faced with a myriad of complex federal and state laws. It does not stop there. An employer with employees working in the City of Oakland may also need to comply with local ordinances.
The following is an overview of employment regulations in Oakland.
Minimum Wage
Like several other cities in California, Oakland has its own citywide…