Category Archives: California Employment Legislation

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Amendments to CFRA Regulations Provide Some Clarity to Employers

The California Fair Employment and Housing Council (FEHC) has issued amended regulations clarifying the California Family Rights Act (CFRA).  The amendments will go into effect on July 1, 2015, and are intended to clarify previously confusing rules and adopt regulations that more closely parallel the federal Family and Medical Leave Act (FMLA).  Significantly, the amendments … Continue Reading

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training

California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training.  Assembly Bill No. 2053 expanded the scope of training required by Government Code Section 12950.1, which requires employers with 50 or more employees to provide at least two hours of harassment prevention training to supervisory employees … Continue Reading

UPDATE: San Francisco Retail Workers’ Bill of Rights

We wanted to provide an update on our earlier report about recent legislative happenings in San Francisco. (A link to our earlier article can be found here.)  The San Francisco Retail Workers’ Bill of Rights became law on December 5, 2014, 10 days after it was passed by the Board of Supervisors and presented to … Continue Reading

San Francisco Retail Workers’ Bill of Rights

On November 25, 2014, the San Francisco Board of Supervisors passed two ordinances that are collectively referred to as the San Francisco Retail Workers’ Bill of Rights:  (1) the “Hours and Retention Protections for Formula Retail Employees” ordinance and (2) the “Fair Scheduling and Treatment of Formula Retail Employees” ordinance.  The San Francisco Retail Workers’ … Continue Reading

Two New Minimum Wage Increases Pass In Northern California

In the wake of a debate over increasing the federal minimum wage, two Northern California cities voted to increase their local minimum wage rates during the recent midterm elections.  On Tuesday, November 4, 2014, San Francisco became the second U.S. city to raise its minimum wage to $15.00 per hour, while Oakland raised its minimum … Continue Reading

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014.  As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid sick leave to their employees beginning July 1, 2015.  The following are some of the key … Continue Reading

The Unemployed Are Now Protected Under The New York City Human Rights Law

On March 13, 2013, one year after we first introduced you to the idea that an individual’s unemployed status may be considered a protected characteristic, the New York City Council, voted into law legislation preventing companies from discriminating, in job advertisements or in the hiring process, against a job applicant who is unemployed. While New … Continue Reading

Court Rules that Employee’s Submission of Discrimination Complaint Through DFEH’s Online System is Sufficient to Meet Jurisdictional Prerequisite for Filing FEHA Lawsuit

In the published portion of its recent decision in Rickards v. United Parcel Service, Inc., Case No. B234192 (filed June 19, 2012), the California Court of Appeal held that a complaining employee can satisfy the jurisdictional prerequisites for filing a lawsuit under the Fair Employment and Housing Act (“FEHA”) by simply submitting a complaint through … Continue Reading

Password Protected – Proposed Social Media Privacy Legislation

The job market appears to be on an upswing, and with this upswing, and the advent of new technology, comes new challenges for employers and applicants alike. Potential employees may have online identities that many employers deem useful when investigating a job applicant. However, privacy settings on many social media sites allow an applicant to … Continue Reading

New California Commission Contract Rules – It is Not Too Early To Get Ready!

Employers with sales teams in California need to get ready. California has a new commission contract law, AB 1396, which takes effect January 1, 2013. Under AB 1396, which amends California Labor Code section 2751, employers who pay commissions to their employees are required to enter into written commission contracts with employees. The contract must … Continue Reading

Unemployed Status — The New Protected Class

All employers are familiar with race, gender, age, disability and many other protected classifications under the myriad of Federal and state fair employment practices acts. It now appears that there is a growing trend to add “unemployed” to that list. While unemployment rates appear to be on the decline, 8.3 percent of the population remains … Continue Reading

Governor Brown Signs Significant New Employment Laws

By Nick Schnermann & Gregg A. Fisch On October 9, 2011, California Governor Jerry Brown finally addressed the bulk of the labor and employment-related bills passed by the California state legislature during the first half of the 2011-2012 session. Although Governor Brown vetoed several proposed bills on the stated ground that they potentially would harm … Continue Reading

New Case on Rules Governing Application of California Overtime Law to Non-California Residents

On June 30, 2011, the California Supreme Court handed down the decision in Sullivan v. Oracle Corporation, No. S170577 (June 30, 2011), tackling the issue of whether California wage law should apply to non-resident employees. By way of background, a class action settlement had eliminated all but a small portion of class claims concerning the … Continue Reading

The California Supreme Court Clarifies California’s “Kin Care” Law

In the recent case of McCarther v. Pacific Telesis Group, the California Supreme Court clarified the scope of California Labor Code § 233, California’s “kin care” law. California Labor Code § 233 generally requires any employer that allows its employees to “accrue” sick leave to allow those employees to use a portion of that sick leave to attend … Continue Reading

California’s Occupational Safety and Health Standards Board Amends Medical Services And First Aid Regulations To Extend Requirements To All Employers

California’s Occupational Safety and Health Standards Board has voted to amend the Medical Services and First Aid Regulations set forth in the California Code of Regulations to require all employers to make provisions in advance to ensure that employees receive prompt medical treatment in the event that an employee is seriously injured or falls seriously … Continue Reading

Governor Schwarzenegger Announces Employment Stimulus Action Plan

Faced with an $11.2 billion dollar budget shortfall, Governor Schwarzenegger announced a targeted employment stimulus package which is designed to generate new jobs, keep existing jobs and businesses in California, and lure others back to the state.  The Governor’s plan includes seven different proposals to reinvigorate California’s economy:… Continue Reading
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