Showing 121 posts in California.

The 12 Days of California Labor & Employment – Day 7 - "Cannabis use by Employee: Is discipline allowed?"

December 16, 2022 by Mellissa A. Schafer

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 seventh day of the holidays, my labor and employment attorney gave to me: seven swans a swimming and AB 2188. More ›

The 12 Days of California Labor & Employment – Day 6 -"Do Not Retaliate in Emergency Conditions"

December 15, 2022 by Mellissa A. Schafer

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 sixth day of the holidays, my labor and employment attorney gave to me: six geese-a-laying and SB 1044. More ›

The 12 Days of California Labor & Employment – Day 5 "FEHA Expansion Regarding Contraceptives"

December 14, 2022 by Mellissa A. Schafer

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 523. More ›

The 12 Days of California Labor & Employment – Day 4 "Additional COVID-19 Notice Requirements"

December 13, 2022 by Mellissa A. Schafer

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 AB 2693. More ›

The 12 Days of California Labor & Employment - Day 3 "COVID Presumption Extended"

December 12, 2022 by Mellissa A. Schafer

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 AB 1751. More ›

The 12 days of California Labor & Employment Series – Day 2 "Mandatory Bereavement Leave"

December 9, 2022 by Mellissa A. Schafer

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 AB 1949. More ›

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

December 8, 2022 by Mellissa A. Schafer

The end of the year is coming to a close, and employers need to be aware of the changes and updates for 2023. While COVID-19 laws have been trimmed down, COVID-19 remains part of the 2023 employment update. As usual, California employers are also expected to learn and comply with the new laws coming down the pipeline in 2023. A glimmer of hope came in the fact that 2022 saw the least amount of new employment laws being passed in many years, leading to what we hope will be a calmer 2023 involving local and state mandates, orders, and laws. However, before we pop the champagne and say goodbye to 2022, it is time to reprise our annual review of key California labor and employment law developments. 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 1041. More ›

US Supreme Court Ruling Allows California Employers to Enforce Arbitration Agreements and Limit PAGA Claims

June 27, 2022 by Katherine K. Cheng Arnold

The United States Supreme Court's recent decision in Viking River Cruises v. Moriana, No. 20–1573 (June 15, 2022) benefits California employers as it will make it easier for them to enforce arbitration agreements related to claims under California's Private Attorneys General Act (PAGA) and limit class actions and quasi-class actions. More ›

California Supreme Court Expands Protections for Employees Claiming to be "Whistleblowers"

February 1, 2022 by Jeffrey Edward Hall

On January 27, 2022, the California Supreme Court issued its Opinion in Lawson v. PPG Architectural Finishes, No. S266001, __  Cal. 5th ___, 2022 Cal. Lexis 312 (Jan. 27, 2022) regarding the proof paradigm in California "whistleblower" retaliation cases. This decision increases the evidentiary burden on defendants seeking summary judgment. It also clarifies that the proof paradigm in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), does not apply to California whistleblower claims. McDonnell Douglas established a three-step burden-shifting framework in discrimination cases. The California Supreme Court took the opportunity to clarify the evidentiary burdens and noted that section 1102.6 of the California Labor Code already provides a complete description of the evidentiary burden in a whistleblower case. More ›

The 12 days of California Labor & Employment Series – Day 11: Beware of Adverse Employment Actions Involving Warehouse Distribution Center Quotas

December 27, 2021 by Mellissa A. Schafer

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 eleventh day of the holidays, my labor and employment attorney gave to me: eleven pipers piping and AB 701. More ›

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