The 12 days of California Labor & Employment Series – Day 5: Harassment and Discrimination Allegations - No More Shush

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 331. More ›

The 12 days of California Labor & Employment Series – Day 4: Changes to DFEH Processes and Increased Record Retention for Employers

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fourth day of the holidays, my labor and employment attorney gave to me: four calling birds and SB 807. More ›

The 12 days of California Labor & Employment Series – Day 3: "Electronic Notice"—Worth it?

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this third day of the holidays, my labor and employment attorney gave to me: three French hens and SB 657. More ›

The 12 days of California Labor & Employment Series – Day 2: Failure to Timely Pay Arbitrator May Lose the Right to Arbitrate

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and SB 762. More ›

The 12 days of California Labor & Employment Series – Day 1: "Additional CFRA Expansion"

It is hard to believe 2021 is coming to a close. COVID-19 continues to impact many aspects of our everyday life. Employers continued to pivot throughout 2021 with the everchanging local and state mandates, orders, and laws. While we hope for a calmer 2022, one thing that has remained constant is the evolving employment laws. Before popping the champagne and saying goodbye to 2021, it is time to reprise our annual review of key labor and employment law developments in California. In the spirit of the season, we are using the "12 days of the holidays" blog series to address new California laws and their 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 AB 1033. More ›

California Court of Appeal Rules Alleged Contractor Misclassification Not Enough to Justify Class Action

On Friday, March 12, 2021, the California Court of Appeal issued a ruling in Wilson v. The La Jolla Group that addresses the appropriate scope of class treatment for employee misclassification under Dynamex Operations West, Inc. v. Superior Court. Dynamex—and its later enactment into statute in the form of AB 5—established the ABC test for determining independent contractor status. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 12: COVID-19 Notification Requirements

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and AB 685.

In a year marked by the pandemic, it seems rather appropriate that our 2020 series is bookended with COVID-19 laws. As the pandemic evolved, so did requirements for employers to comply with COVID-19 guidelines. Earlier this summer, Virginia became the first state to adopt emergency COVID-19 regulations. As was suspected, California followed suit and enacted its own legislation to help slow the spread of COVID-19 and also emphasize employee safety. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 11: Pay Data Reporting – Another Headache for Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and SB 973.

The Equal Pay Act has been in play for decades and has expanded over the years. In 2015, Governor Brown signed the California Fair Pay Act, which became effective January 1, 2016. The California Fair Pay Act aimed to ensure equal pay for employees performing "substantially similar work" and also to make it more difficult for employers to justify pay disparities through the "bona fide factor other than sex" defense. Existing federal law requires certain companies to file an annual employer information report which includes data regarding demographics of the employer's workforce (EEO-1) with the federal Equal Employment Opportunity Commission (EEOC). SB 973 is another attempt to minimize California's gender pay gap. A similar bill was vetoed in 2017 and then held in committee throughout 2018 and 2019. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 10: COVID-19 Supplemental Paid Sick Leave Expanded to All Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1867.

AB 1867 fills a void that was left by the Families First Coronavirus Response Act (FFCRA) regarding paid sick leave. The FFCRA was enacted to provide federal paid sick leave and expanded family leave due to the pandemic, but it only applied to employers with less than 500 employees. In response, California enacted a supplemental COVID-19 paid sick leave law through AB 1867. Applicable to businesses with 500 or more employees nationally, AB 1867 in essence guarantees that any employee—regardless of the size of the employer—will receive paid sick leave if needed due to COVID-19. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 9: Additional Leave Law Updates

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this ninth day of the holidays, my labor and employment attorney gave to me: nine ladies dancing and AB 2992 and AB 2399.

Both AB 2992 and AB 2399 include expansions for extended leave and are effective January 1, 2021. Given the particularly sensitive areas that AB 2992 addresses and the potentially broad implications of AB 2399, it is especially important for employers to know this legislation and be prepared. More ›