As an update to our previous post on the Fast Food Industry Minimum Wage (A.B. 1228:  Implications for Exempt Employees in the Fast Food Industry), on March 26, 2024, Governor Newsom signed Assembly Bill (AB) 610 which amends the definition of “fast food restaurant” to exempt restaurants in airports, hotels, theme parks, museums, event centers, and other locations from the Fast Food Council requirements, which took effect April 1, 2024. Last year, Governor Newsom signed AB 1228, which repealed the FAST Recovery Act but established a modified version of the Fast Food Council (Cou ..read more

As employers of janitorial service providers already know, the Property Services Workers Protection Act (AB 1978), enacted in 2016, established a registration program for janitorial service employers and biennial “in-person” sexual violence and harassment prevention training requirements. This was followed by the passage of AB 547 in 2019, which further clarified the sexual violence and harassment prevention training requirements under AB 1978. This training created obligations for janitorial service providers in addition to the sexual harassment training required by the State of California un ..read more

In a blow to employers, the California Supreme Court unanimously held that a trial court judge cannot strike employee representative claims under the Labor Code’s Private Attorneys General Act (“PAGA”) on the basis that the claims are unwieldy or unmanageable ..read more

On October 4, 2023, Governor Newsom signed SB 616, which expands paid sick leave entitlements for California employees effective January 1, 2024 by amending California Labor Code sections 245.5, 246, and 246.5 ..read more

The California Court of Appeal recently held that an employer loses the right to proceed in arbitration by failing to timely pay arbitration fees.  Employers that want to avoid cases being litigated before a jury need to ensure that all arbitrator fees are paid timely ..read more

On July 31, 2023, California’s Director of Finance certified that the state’s minimum wage for all employers will increase to $16 per hour, effective on January 1, 2024.  This announcement followed the completion of an annual review by the state’s Department of Finance in order to determine if the minimum wage must be increased due to inflation and, if so, to calculate the new minimum wage in accordance with state Labor Code requirements ..read more

Employers have new accommodation obligations under the federal Pregnant Workers Fairness Act (“PWFA”), which became effective June 27, 2023. The federal PWFA grants covered employees a right to reasonable accommodations related to pregnancy, childbirth, and related medical conditions, even if an employee’s condition does not qualify as a “disability” under the Americans with Disabilities Act (“ADA”). Covered employers include those with more than 15 employees. Covered employees include those who are pregnant, recovering from childbirth, or have “related conditions.” Employers must adjust their ..read more

A wife sued her husband’s employer after she became infected with Covid-19 and was hospitalized.  The case was removed from state court to federal court, and the federal district court dismissed her lawsuit because:  (1) her claims based on contact with her husband were barred by the exclusive remedy provisions of Workers’ Compensation Act (“WCA”); (2) her claims based on indirect contact with infected surfaces failed to plead a plausible claim; and (3) the employer’s duty to provide a safe workplace did not extend to nonemployees who contracted a virus away from the jobsite.  T ..read more

The following cities and counties in California increased their minimum wage rates effective July 1, 2023 ..read more

A recent NLRB decision in Lion Elastomers LLC, 372 NLRB 83 (May 1, 2023) restored prior Board law, which had used context-specific approaches to assess whether am employee’s outburst stripped him of protection under the National Labor Relations Act (the “Act”).  The decision by the current, three-member Democratic majority Board, makes it more difficult for employers to discipline or discharge employees who engage in profane, abusive or otherwise inappropriate conduct when done in connection with protected activity under the Act.  The restored law assesses employee conduct by applyin ..read more