California Legislative Update

On December 13, 2021, the California Department of Public Health issued binding guidance requiring all Californians statewide to mask indoors irrespective of vaccination status. The new guidance supersedes California’s current guidance, which only requires masks for individuals on public transit and in K-12 schools and childcare facilities, emergency shelters and cooling centers, healthcare settings, state and local correctional facilities and detention centers, homeless shelters, long term care settings, adult and senior care facilities, and for unvaccinated individuals in all indoor public settings and businesses. The new guidance will go into effect on December 15, 2021, and will continue through at least January 15, 2022.

Continue Reading California Department of Public Health Requires Universal Indoor Masking Through January

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement.  SB 820 prohibited the use of confidentiality provisions in settlement agreements where the underlying claims were based upon sexual assault, sexual harassment, and workplace harassment or discrimination based on sex.  The law did not extend to claims based upon other protected characteristics.  Therefore, a confidentiality provision in a settlement agreement could not prevent an individual from discussing the factual information related to sexual harassment or sex discrimination allegedly experienced in the workplace, but could preclude an individual from discussing factual information related to harassment or discrimination based upon any other protected characteristic (e.g., race, age, gender, etc.).  You can read our prior blog article here.

Continue Reading California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which creates a limited exception from the Private Attorneys General Act of 2004 (“PAGA”) for certain janitorial employees performing work under a collective bargaining agreement (“CBA”). SB 646 will go into effect on January 1, 2022.

Continue Reading California Legislature and Governor Approves New PAGA Carve-Out

On September 27, 2021, California Governor Gavin Newsom signed SB 62, also known as the Garment Worker Protection Act, into law.  SB 62 makes California the first state to require an hourly minimum wage for garment workers by banning piece rate pay.  SB 62 expands the definition of a garment manufacturer and extends the scope of liability for wage and hour violations to clothing brands—and likely some retailers.  Under SB 62, “any person contracting for the performance of garment manufacturing” is joint and severally liable with any of their manufacturers and contractors, thus creating upstream responsibility for unpaid wages, attorney’s fees, and civil penalties arising from Labor Code violations.  Although the new law does not become effective until January 1, 2022, companies that contract or subcontract for garment manufacturing, or have employees who perform garment manufacturing functions in California, should begin familiarizing themselves with SB 62 and determining whether/how it affects their business.

Continue Reading California Passes Law Establishing New Wage and Hour Requirements for Employers in the Garment Industry

To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers.  In addition to the coverage in prior blog posts, which are linked below, this article provides an overview of key new employment laws.

Continue Reading 2021 California Legislative Update: California’s New Employment Laws

On September 27, 2021, California Governor Gavin Newsom signed Assemblywoman Lorena Gonzalez’s Assembly Bill 1003 into law.  This new legislation establishes that intentional theft of wages or tips by employers is punishable as grand theft.  The law takes effect on January 1, 2022.

Continue Reading New California Law Imposes Harsh Penalties for Employers Committing Intentional Wage Theft

On July 16, 2021, Governor Newsom signed California Assembly Bill 150 into law, allowing certain owners of passthrough entities to find a way around the current $10,000 federal cap on state and local tax (SALT) deductions for individuals.  The new law, applicable to tax years beginning on or after January 1, 2021 and ending before January 1, 2026, allows for many partnerships, limited liability companies taxed as partnerships, and S-Corporations to pay an entity level tax based on electing individual owners’ share of income, and then grants the owners a credit against California personal income tax for the full amount of tax paid at the entity level on their distributive share of California taxable income.

Continue Reading California Passes “Workaround” To Federal Limit on State Tax Deduction For Certain Owners of Pass-Through Entities

As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries.  Beginning April 16, 2021, Senate Bill 93 will
Continue Reading California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality Industries

In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave.  You can read it here.  SB 95 creates California Labor Code Sections 248.2 and 248.3.  It goes into effect on March 29, 2021, and applies retroactively to January 1, 2021.  This new COVID-19 Supplemental Paid Sick Leave law allows covered employees to take up to an additional 80 hours of paid COVID-19 related sick leave.
Continue Reading Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law

The end of 2020 was not the end of the California Legislature’s focus on employment-related legislation.  Just two months into the new year, the Legislature has already introduced several bills addressing the workplace that could impact employers who still may be implementing coronavirus-related legislation.  This article discusses two such bills on the horizon that employers will want to follow as they work their way through the Legislature.
Continue Reading California Legislative Update: Employment-Related Bills on the Horizon

Since 2005, California employers with 50 or more employees were required to provide at least 2 hours of sexual harassment training every 2 years to each supervisory employee, and to new supervisory employees within 6 months of their assumption of a supervisory position.  However, all employers may not yet know that the California anti-harassment training requirements were significantly expanded by the California legislature (SB 1343 and SB 788 – to read the prior article, click here).  Now, California employers with 5 or more employees must provide sexual harassment training and education by January 1, 2021 to not just supervisory employees, but non-supervisory employees as well. This new law requires many California employers to provide anti-harassment training, for the first time, in both English and Spanish. Specifically,

Continue Reading California’s Deadline is Fast Approaching: Employers Must Complete Harassment Prevention Training for English and Spanish-Speaking Workforces by Year’s End