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Published: November 4, 2022
The Labor & Employment Law Blog
Election day is here! On Tuesday, November 8, 2022, employees across the nation will report to their local polling places to cast their votes.
So, what are California employers required to do?
Published: October 31, 2022
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster that employers are required to display in their workplaces. The “Know Your Rights: Workplace Discrimination is Illegal” poster updates and replaces the previous “Equal Employment Opportunity is the Law” poster. According to the press release, the new poster includes the following changes:
Published: October 27, 2022
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
In California, it has long been the rule that an employer is entitled to use a rounding policy “if the rounding policy is fair and neutral on its face and ‘it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.’” (See’s Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 907 (See’s Candy I), quoting 29 C.F.R. § 785.48(b) and citing Division of Labor Standards Enforcement (DLSE) Enforcement Policies and Interpretations Manual (2002 rev.) §§ 47.1, 47.2 (DLSE Manual). However, since that ruling in 2012, California courts have slowly chipped away at that rule. Most recently, the California Supreme Court held that rounding is not permitted for purposes of meal breaks. (See Donohue v. AMN Services, LLC, 11 Cal. 5th 58.) Now, a California Court of Appeal has determined a rounding policy that was otherwise neutral on both its face, and in application, to be unlawful. This ruling calls into question whether California employers may continue rounding employees time under any circumstance.
Published: October 19, 2022
by
Lizbeth (Beth) V. West
The Labor & Employment Law Blog
On September 29, 2022, Governor Newsom signed Senate Bill 1044 which grants new protections and rights to most California employees in the case of emergency conditions in the workplace.
Published: October 13, 2022
by
Jacqueline M. Simonovich
The Labor & Employment Law Blog
COVID-19 Supplemental Paid Sick Leave (“SPSL”) was set to expire on September 30, 2022. However, on September 29, 2022 Governor Newsom signed Assembly Bill 152 (“AB 152”), which extends SPSL through the end of the year. The bill took effect immediately.
Published: October 11, 2022
by
Lukas Clary
The Labor & Employment Law Blog
How much does that job pay? According to a new law coming to California, employers must not hide that information from employees who ask. And applicants will not even need to ask. On September 27, 2022, Governor Newsom signed into law SB 1162, which provides for pay transparency among job postings for most California employers.
Published: October 7, 2022
by
Meagan D. Bainbridge
The Labor & Employment Law Blog
On September 29, 2022, Governor Newsom signed AB 1949, which amends the California Family Rights Act (CFRA) to require employers with 5 or more employees to provide eligible employees with 5 days of bereavement leave. Here’s what California employers need to know about AB 1949:
Published: October 5, 2022
The Labor & Employment Law Blog
Healthcare workers are experiencing a significant amount of occupational fatigue, especially in light of the COVID-19 pandemic. Expecting nurses to work lengthy shifts without the chance to eat a meal or rest leads to exhaustion and can increase the likelihood of medical errors. State senator Steven Bradford authored SB 1334, which sought to guarantee meal and rest periods for public healthcare workers. The bill was sponsored by the California Nurses Association (“CNA”), which has 100,000 members in more than 200 facilities throughout California. On September 29, 2022, Governor Newsom signed SB 1334 into law, which adds section 512.1 to the California Labor Code.
Published: October 3, 2022
by
Shauna N. Correia
The Labor & Employment Law Blog
Existing California law provides employees with the right to take paid and unpaid leaves to care for certain family members when they need the employee’s assistance to obtain medical treatment, diagnosis, or preventative care. On September 29, 2022, Governor Newsom signed into law AB 1041, which adds a “designated person” to the list of individuals for whom an employee may take California Family Rights Act or use paid sick leave.
Published: September 28, 2022
by
Nikki Mahmoudi, Shauna N. Correia
The Labor & Employment Law Blog
On September 18, 2022, the Governor approved AB 2188, which amends the California Fair Employment and Housing Act (FEHA), California’s employment antidiscrimination law. Beginning on January 1, 2024, it will be unlawful for employers to discriminate against a person in hiring, termination, any term or condition of employment, or otherwise penalize a person for: