In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No More Act”) amended section 1001 of the California Code of Civil Procedure, as well as the California Fair Employment and Housing Act (“FEHA”) to require, among other things, that a severance and release agreement contain a provision notifying the employee or former employee that they have the right to consult an attorney regarding the agreement. This notification under Cal ..read more

Weintraub attorneys Shauna Correia and Lukas Clary as they discuss the new PAGA reform, offering insights on how it impacts California employers and steps they can take to stay compliant in the latest episode of “California Employment News.” Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here ..read more

On July 1, 2024 Governor Newsom signed SB-92 and AB-2288 into law, which instituted sweeping reforms to California’s Private Attorneys General Act (“PAGA”). PAGA was passed 20 years ago to provide a private mechanism for employees to pursue claims on behalf of the Labor and Workforce Development Agency (“LWDA”) against employers for alleged Labor Code violations. PAGA was meant to improve compensation for and benefit workers in California, but in practice has largely benefitted plaintiffs’ attorneys, which was why reforms were necessary. Summary of Key Reforms Changes to Standing Requirements ..read more

This week on “California Employment News,” Shauna Correia joins Entertainment attorney Scott Hervey on “The Briefing” to discuss the FTC’s recent final rule banning post-employment non-compete clauses and how it will affect non-scripted or reality television talent. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here ..read more

Meagan Bainbridge and Lukas Clary from Weintraub Tobin’s Labor and Employment Group dive into the California Supreme Court case Huerta vs. CSI Electrical Contractors. Discover the key takeaways for employers on what constitutes compensable work time for pre- and post-shift activities in this latest installment. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here ..read more

It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices and policies to ensure an inclusive environment for LGBTQ+ employees. Although creating a supportive work environment is a kind and empathetic thing to do, it’s also the law. More about that later, but first: a checklist. Not all of the following are mandatory requirements; some suggestions may be aspirational. However, reviewing these options is an excellent place to start ..read more

Essential leave laws every CA employer should know!  Weintraub Tobin attorneys Meagan Bainbridge and Ryan Abernethy break down the key points and provide practical advice on managing these leaves in the latest installment of California Employment News. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here ..read more

On May 10, 2024, the Ninth Circuit decided Yuriria Diaz v. Macys West Stores, Inc.  In that case, Diaz brought California Private Attorneys General Act (“PAGA”) claims against her former employer.  The district court compelled both Plaintiff’s individual and non-individual PAGA claims to arbitration, reasoning that the arbitration agreement’s broad language must be interpreted to encompass both types of claims.  Macy’s appealed. The parties’ arbitration agreement provided that “all employment-related legal disputes” are subject to arbitration.  However, it also included a c ..read more

As temperatures rise, California law requires employers with outdoor employees to take steps to protect workers from heat illness. Shauna Correia reviews Cal/OSHA’s ‘Heat Illness Prevention Standards” for outdoor worksites in this archive episode of California Employment News. Watch this episode on the Weintraub YouTube channel. Listen to this podcast episode here ..read more

Get an overview of AB 1228’s intricacies and its impact on fast-food workers, from wage increases to exemptions. Tomiwa Aina and Nikki Mahmoudi continue the discussion on the fast-food minimum wage increase in this installment of California Employment News. Review our previous episode, “Top Developments in Wage and Hour Law for 2024“ Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more