What was practiced by trial courts is now confirmed by the California Court of Appeals in its two recent decisions: if a Plaintiff alleges wage/hour claims or any FEHA (Fair Employment Housing Act) claim and sexual harassment in their complaint, they can defeat a motion to compel arbitration for ALL claims. Get ready to see more sexual harassment claims added to wage/hour cases. In the two recent cases, California Court of Appeals expanded its definition of “claims” to include “case” so that if a complaint alleges sexual harassment as one of its causes of action, the entire case is excluded from […]

Artificial Intelligence (AI) is transforming industries globally, with California leading the way as a hub for technology and innovation. The deployment of AI technologies across various sectors brings substantial legal implications for employers in the state. This article delves into the legal aspects of AI’s impact on employers in California, focusing on areas such as compliance with data privacy laws, employment regulations, liability issues, and the ethical use of AI. I. Compliance with Data Privacy Laws The integration of AI into business operations necessitates strict adherence to data privacy laws. In California, the California Consumer Privacy Act (CCPA) and the […]

Introduction On July 24, 2024 the California Division of Occupational Safety and Health (Cal/OSHA) obtained authorization to immediately implement and enforce new Indoor Heat Protection Regulations at places of employment state-wide. This summary provides Employers with an overview of these regulations, highlighting their objectives, key provisions, and implementation strategies. I. Key Objectives of the Regulation The Indoor Heat Protection Regulation, aims to safeguard workers from heat-related illnesses in indoor environments, which are becoming exacerbated due to the effects of climate change. Employers need to understand the comprehensive elements of this plan, assess their indoor workspaces for compliance with new standards, […]

As most of us in the employment law world have been following and impatiently waiting, the PAGA reform is officially signed into law by Governor Newsom as PAGA reform (AB 2288 and SB 92). So, how does this change the landscape for PAGA cases? Here is the breakdown: PAGA reform immediately applies to cases filed after June 19, 2024. Effect: cases filed prior to June 19, 2024, do not have the benefit of this reform. PAGA Plaintiff Personally Suffered All Violations: The representative Plaintiff in a PAGA case must have personally suffered all the violations it alleged in their Complaint. […]

Governor Newsom, on May 31, 2024, endorsed Senate Bill (SB) 828, altering the commencement date of the healthcare minimum wage regulation (SB 525) by one month. In October of the previous year, Governor Newsom ratified SB 525, establishing a tiered statewide minimum wage framework for healthcare personnel working at the defined healthcare facilities, including hospitals, clinics, and many other healthcare facilities listed here (Section 1182.14 – Minimum wage for covered health care employees, Cal. Lab. Code § 1182.14 | Casetext Search + Citator). However, amidst substantial budget constraints, the Governor advocated for modifications to the legislation, notably a deferment in the enactment […]

Beginning July 1, 2024, a new law requires most of California’s employers to establish, implement, and maintain a new written Workplace Violence Prevention Plan (“WVPP”). This new law does not affect those in the health care industry as California OSHA already has an established WVPP regulation for the health care industry. It also does not apply to law enforcement agencies and facilities operated by the California Department of Corrections and Rehabilitation. Which Employers Are Covered? The new law covers nearly all private employers in California unless they are already subject to Cal/OSHA’s existing rule for healthcare workers. Workplaces with less […]