At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power facility, which was located on privately-owned land. To reach the actual worksite, employees had to enter onto private land, present a badge at a security gate (at which point a security guard might “peer” into their car or truck), and then drive an additional 10–15 minutes to access the employee parking lot. It was estimated that the security check could take between 5-30 minutes ..read more

In late March 2024, California Assemblyman Matt Haney (D-San Francisco) introduced a bill, AB 2751, that would recognize a right for employees in California to “disconnect” or ignore communications from their employer during certain non-work hours.  The Bill, in its current form, requires an employer to establish a workplace policy that will allow employees “the right to disconnect” from communications from their employer during non-working hours, except for emergencies and/or scheduling purposes.  The policy must define working vs. non-working hours and make clear that employees hav ..read more

Having a fair and meaningful disciplinary process can be a helpful tool for employers to improve employee performance. In this episode of California Employment News, employment attorneys Meagan Bainbridge and Nikki Mahmoudi share their best practices for implementing effective disciplinary procedures in the workplace. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more

California Employment News, a video and podcast series hosted by the Labor & Employment Group at Weintraub Tobin, released its 50th episode on March 19, 2024. Launched in 2022, California Employment News provides short, informational videos and podcasts that are designed to keep California employers up-to-date on legal developments in employment law and help them manage their employees and workplaces. Attorneys from Weintraub’s Labor & Employment Group share their insight, experience, and best practices related to settled employment law, as well as new and developing topics involving ..read more

From minimum wage laws to confidentiality agreements, there have been several legal updates over the past year that apply to most CA employers. Lukas Clary and Ryan Abernethy break down five top developments in wage and hour law for 2024 in this special 50th edition of California Employment News. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more

If you’re a California employer, I hope the following is not news to you.  Pursuant to SB 553, most employers in California are required to put in place an effective Workplace Violence Prevention Plan (“WVPP”) by July 1, 2024. SB 553 added section 6401.9 to the California Labor Code to address the requirements for a compliant WVPP.  Section 6401.9(c) provides that the WVPP shall be in writing and shall be available and easily accessible to employees, their authorized employee representatives, and the Division of Occupational Safety & Health [“DOSH”] (aka “CalOSHA”). Subsection 64 ..read more

On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BOI Report within the timeframes specified below at this time.  We are monitoring the development of this and similar court actions across the nation and will continue to provide information about them to tho ..read more

There are a number of statutes in California that grant eligible employees the right to take a leave of absence for various reasons. SB848 creates a new leave of absence entitlement under CA law regarding reproductive loss. Lizbeth “Beth” West and Shauna Correia review this new protected leave in this episode of California Employment News. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here ..read more

UPDATED 3/04/2024 On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BOI Report within the timeframes specified in the chart below at this time.  We are monitoring the development of this and similar court actions across the nation and will continue ..read more

In December 2023, the California Civil Rights Department (“CRD”) filed the first-of-its-kind lawsuit under the California Fair Chance Act (“Act”) against Ralphs Grocery Store (“Ralphs”) in the Los Angeles County Superior Court. Background Re: the Act. The Act (sometimes referred to as the “Ban the Box” law) went into effect in 2018 and aims to combat discrimination and ultimately enhance public safety by reducing undue barriers to employment for people who have been previously involved in the criminal legal system. In passing the Act, the Legislature recognized that “employment is essential to ..read more