Hinshaw's 12 Days of California Labor & Employment Series – Day 8: Additional Exemptions for Worker Classification

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 eighth day of the holidays, my labor and employment attorney gave to me: eight maids a-milking and AB 2257.

Deemed an emergency statute, AB 2257 went into effect immediately upon the Governor's signature on September 4, 2020. Focusing on worker classification, the bill provides additional exemptions to AB 5, which concerned the classification of independent contractors. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 7: Rest Break 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 seventh day of the holidays, my labor and employment attorney gave to me: seven swans a-swimming and AB 1512 and AB 2479.

Due to the multitude of wage and hour claims that are filed each year, meal and rest break updates are consistently part of annual employment law changes. Generally, an employer must provide and permit an uninterrupted rest break for all nonexempt employees who work at least 3.5 hours. Rest breaks must be offered at the rate of 10 minutes for every four hours worked. In Augustus v. ABM Security Services, Inc., the California Supreme Court held that employers must relieve employees of all duties during the rest breaks and relinquish any control over how employees spend their rest break. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 6: The Expansion of the CFRA

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 sixth day of the holidays, my labor and employment attorney gave to me: six geese a-laying and SB 1383.

Effective January 1, 2021, SB 1383 will dramatically expand California Family Rights Act (CFRA) leave. The CFRA authorizes eligible employees to take up to a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 5: New Successor Liability for Wage and Hour Judgements

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 fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and AB 3075.

Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding entity with the Secretary of State, including a statement of information. This contains information regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. There are currently nine specific items a business must provide. Under AB 3075, the statement of information must also indicate whether any officer or any director—or, in the case of a limited liability company, any member or any manager—has an outstanding final judgment issued by the Division of Labor Standards Enforcement (DLSE) or a court of law for the violation of any wage order or provision of the Labor Code. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 4: No-Rehire Provision Now Includes One More Exception

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 fourth day of the holidays, my labor and employment attorney gave to me: four calling birds and AB 2143.

No-rehire provisions were banned in employment settlement agreements as of January 1, 2020, per SB 749. There was one exception, though: if the employer made a good faith determination that the employee engaged in sexual harassment or sexual assault. If that was documented, a no-rehire provision was allowed. While this exception was helpful, SB 749 caused employer frustration throughout 2020 because it lacks other exceptions. For instance, an employer may settle employment claims, complaints or actions against them, but they are unable to include a no-rehire provision with the employee who initiated the claim. It also did not protect employers from a bad faith claim. Enter AB 2143. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift 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 second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1947.

This bill was likely created and signed in part due to COVID-19, as it extends some deadlines. With all the craziness 2020 has brought—including work from home, court closures, court delays, and the like—it comes as no a surprise to see deadlines being extended, too. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 1: COVID-19 and the Rebuttable Workers' Compensation Presumption

Can you believe this year is nearly over? Before popping the champagne, it's time to reprise our annual review of key labor and employment law developments in California. While California employers are thrown curve balls every year, the events of 2020 are simply unrivaled in living memory. Employers have been in a constant state of change all year, as they have been operating at the mercy of COVID-19 case numbers, stay at home orders, capacity limitations, and so much more. In the spirit of the season—and some semblance of normal—here is the first of our annual "12 days of the holidays" blog series. On this first day of the holidays, my labor and employment attorney gave to me: a partridge in a pear tree and SB 1159. More ›

As COVID-19 Cases Increase, States Adopt Workplace Standards and Emergency Ordinances

With over 40 states showing a significant increase in the number of COVID-19 cases, the novel coronavirus remains top of mind for employers throughout the U.S. Numerous state and federal measures have been—and continue to be—enacted in response to the pandemic. We explore some of these recent policies and their impact on employers below. More ›

Ninth Circuit Rules That Gender-Based Pay Disparity Cannot Be Justified With the Use of Past Earnings

Nearly 60 years after the passage of the Equal Pay Act of 1963, we find that the gender pay gap is not only alive and well, but also remains a subject of controversy. This was apparent in the Ninth Circuit's ruling in Aileen Rizo v. Jim Yovino, which we've been following since the Ninth Circuit heard the case. This is the highest-profile court to address the use of salary history—and its intersection with the Equal Pay Act—in the employment setting. More ›

The 12 Days of California Labor & Employment Series – Day 12: Employee and Job Applicant Information is Exempt from CCPA Compliance for One More Year

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 about one California law daily and its impact on California employers. On the twelfth day of the holidays, my labor and employment attorney gave to me: twelve lords a leaping and AB 25.

The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020. This law provides consumers with various rights with regard to their personal information which is held by businesses, including the right to request a business to disclose specific pieces of personal information it has collected and to have information held by that business deleted, as specified. More ›