Blog: The California Workplace Advisor

Introduction Arbitration is not a perfect substitute for a jury trial. Appeals are limited, many arbitrators favor a “split the baby” result, and the employer bears most of the cost. Some claims cannot be arbitrated at all — most prominently, representative PAGA claims and sexual harassment and assault claims. Even so, the advantages usually outweigh…

In a dramatic victory for employers, California’s Private Attorneys General Act (PAGA) is expected to be reformed this week. The reform, expected to be signed into law this week, has the potential to severely limit employers’ exposure so long as they take “reasonable steps” to address Labor Code issues proactively. This reform has the potential…

On January 9, 2024, the U.S. Department of Labor issued its final rule regarding the classification of independent contractors versus employees, which becomes effective March 11, 2024. Although California employers are bound to the more restrictive “ABC Test” (that generally leads to findings that most workers are employees and not independent contractors), employers that are…

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 As originally enacted, the CCPA created privacy rights for “consumers” – specifically regarding the personal information that businesses collect about them.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…