New California Laws

In a dramatic expansion of the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act (“EFAA”), two recent California Court of Appeal decisions have held that plaintiffs can avoid being compelled to arbitration so long as their lawsuit contains at least an allegation of sexual assault or harassment. Background In the wake of the…

In this informative 75-minute webinar (including a question and answer session at the end), Hirschfeld Kraemer Partners Derek Ishikawa, Ferry Lopez and Monte Grix will cover major employment law developments for 2024 and help you get thinking of what your business needs to do to avoid being a target of litigation. The topics to be…

Last week, the California Supreme Court issued a highly anticipated decision in Estrada v. Royalty Carpet Mills, Inc., finding that trial courts cannot strike claims under the Private Attorneys General Act of 2004 (PAGA) due to concerns about their “manageability.” Since PAGA was enacted twenty years ago, there has been a massive surge in lawsuits…

As California employers rightfully reflect on their accomplishments from 2023, it is time to look ahead to 2024 and make sure your company’s New Year’s Resolutions include the following: Employee Handbook/Policy Changes 2024 Paid Sick Leave Changes: As of January 1, 2024, most employers are required to provide 5 days/40 hours of paid sick leave…

Background for Employers In 2018, the California Legislature enacted the California Consumer Privacy Act (“CCPA,” Civil Code section 1798.100, et seq.) As originally enacted, the CCPA created privacy rights for “consumers” – specifically regarding the personal information that businesses collect about them. Notably, “consumers” is broadly defined under the CCPA as a natural person who…

No later than Valentine’s Day 2024, California employers will be required to send “candy grams” to former and existing employees with unenforceable non-competes informing them that those provisions are void. Complicating this new legal requirement is an expanded definition of what constitutes an unenforceable non-compete and the creation of a new legal claim that can…

On October 4, 2023, Governor Gavin Newsom signed Senate Bill 616 and expanded California’s sick leave law, the Healthy Workplaces, Healthy Families Act of 2014. As a result, California employers must be prepared to comply by January 1, 2024, notably by increasing the amount of paid sick leave provided to employees. Paid Sick Leave Under…

Last week, the California Supreme Court issued its long-awaited decision in Adolph v. Uber Technologies, Inc. to determine the effect of arbitration agreements on claims for penalties brought by employees under the Private Attorneys General Act of 2004 (PAGA). Unfortunately, this ruling does not offer employers one clear-cut way to deal with these disputes. For…

In some rare and welcome news for California employers, on February 15, 2023, the Ninth Circuit Court of Appeals, after first withdrawing its 2021 opinion in Chamber of Commerce of the United States of America v. Bonta that primarily upheld portions of California Assembly Bill 51, published a new 2 to 1 decision that affirmed…

Effective January 1, 2023, California’s new broad pay transparency bill requiring employers to include pay ranges in all job advertisements will take effect. The bill also requires employers to submit expanded annual pay data reports that include pay data on employees hired through labor contractors to the California Civil Rights Department (CRD) beginning May 10,…