Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.


California Employers Will Need to Create Workplace Violence Prevention Plans By July 2024

Most California employers have workplace violence and safety policies as part of their Employee Handbooks, but beginning next year, these policies will need to be updated to comply with new, robust requirements.  In addition, workplace violence incident logs will need to be maintained, and annual employee training will need to be provided.

2023 Was Another Busy Year in the Legislature – New Employment Law Legislation

The Legislature was busy again in 2023, and the Governor signed a number of employment-related bills. This blog post is not intended to discuss the details of every employment bill that was signed into law. Instead, below is a list of certain bills employers should be aware of, and we invite you to join Weintraub Tobin’s FREE “Year in Review” seminar series on January 10, 2024 and January 17, 2024 where some of the bills, and other employment law developments, will be discussed. Come join the experienced team of employment attorneys at Weintraub Tobin and learn about your new compliance obligations. We look forward to seeing you.

California Employers, Forget About Non-Compete Agreements for Your Employees!

On September 1, 2023, California Governor Gavin Newsom signed SB 699 into law, which will bolster California’s prohibition of non-compete agreements.

The prohibition of non-compete agreements is not new news. Non-compete agreements were not enforceable prior to SB 699 being signed into law under California Business and Professions Code section 16600. The Code section explains how every contract restraining anyone from engaging in a lawful profession, trade, or business of any kind is void, except under limited statutory exceptions. SB 699, which will be codified as Business and Professions Code section 16600.5 and go into effect on January 1, 2024, reiterates existing law and extends the reach of California’s restriction on non-compete agreements. The new law:

CA Supreme Court Holds Compelling Arbitration of Individual PAGA Claim Does Not Strip Standing to Litigate Representative Claims

Yesterday, the California Supreme Court, in Adolph v. Uber Technologies, Inc., addressed the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, 142 S.Ct. 1906 (2022). The much-anticipated Adolph decision, addresses the question of whether an “aggrieved employee,” who has been compelled to arbitrate individual PAGA claims (i.e. Labor Code violations allegedly suffered by the plaintiff in an individual capacity), loses standing to pursue non-individual PAGA claims (i.e. Labor Code violations allegedly suffered by other employees) in court. 

Outbreak: Redefined by the California Department of Public Health

The California Department of Public Health (CDPH) has updated its definition of an “outbreak.”

As previously discussed in our January 25, 2023 blog post, the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) were replaced with the COVID-19 Prevention Non-Emergency Regulations, which rely on the CDPH definition of “outbreak.” The Non-Emergency Regulations, in effect until February 3, 2025, require employers to ensure employees are protected in the workplace from COVID-19, including during an outbreak.

HAPPY PRIDE MONTH! Now More Than Ever Is A Good Time To Remind Folks That LGTBQ+ Employees Have Rights Under CA Employment Law

If you’ve been reading or watching the news in recent months, you have surely seen a large amount of press on various states and municipalities introducing laws to restrict certain rights of those in the LGTBQ+ community. According to a CCN report a few weeks ago, American Civil Liberties Union data reveals that state legislatures across the country have introduced a combined 417 anti-LGBTQ bills in roughly the first quarter of 2023 – a new record and twice the number of such bills introduced in all of last year. (https://www.cnn.com/2023/06/06/us/hrc-lgbtq-emergency-declared/index.html)

Safe Harbor from Class-Based Waiting Time and Wage Statement Penalties for Employers with “Good Faith Disputes” That Meal or Rest Period Premiums Were Owed — the Latest Chapter in the Naranjo Saga

Almost exactly one year ago, the California Supreme Court issued its decision in Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), reviewing a decision by the Second Appellate District (the “Appellate Court”) in 2019. As we discussed in our California Employment News episode at that time (available here on YouTube, or here on our podcast) and here on our blog, the Supreme Court’s decision opened the flood-gates for employees to recover waiting-time and wage statement penalties whenever meal or rest period premiums went unpaid. This ruling immediately hyper-inflating the value of many wage and hour class actions across the state. On remand, the Appellate Court halted this inflation in some instances by clarifying that such penalties are not available to a class of employees where the employer has a good faith dispute that the premiums were due.

Will Working from Home Become A Statutorily Protected Right?

The California Legislature is considering whether employees who are currently working from home have a right to continue to do so until the employer provides advance written notice of the need to return to the workplace. Senate Bill (SB) 731, introduced by Senator Ashby, is making its way through the Legislative committee process and was set for hearing on May 18, 2023.