Labor and Employment

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:

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In the wake of the COVID-19 pandemic, Los Angeles City Council has approved an ordinance to increase compensation for healthcare workers, who they have referred to as “the backbone of the COVID-19 response.” The City Council has indicated that adequate compensation will help address the burnout, retention challenges, and worker shortages affecting healthcare workers in Los Angeles. It is anticipated that the mayor will sign the ordinance. The ordinance will become effective 30 days after the mayor’s signature.

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We previously advised employers that the California Supreme Court agreed to review the Court of Appeal decision Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. On May 23, 2022, the California Supreme Court issued its decision, which has significant and immediate impacts on California employers. The key takeaways are:

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A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.

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