On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel arbitration (an order which is immediately appealable), the trial court is not obligated to stay the action during the pendency of the appeal. The law marks a major shift in California civil procedure law.Continue Reading New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration
Major changes are coming to the Minor League. In April, Major League Baseball (MLB) players and owners voted to ratify a historic collective bargaining agreement that, for the first time in history, covers Minor League players. MLB owners voted unanimously to ratify the agreement on April 3, following a March 31 vote in which more than 99 percent of Minor League players voted to ratify the agreement. The five-year agreement, which was negotiated by MLB and the MLB Players Association (MLBPA), more than doubles the salaries at all Minor League levels and provides that Minor League players will be paid almost year-round.Continue Reading A Major Deal for the Minor League: California Bill Paves the Way for Historic Collective Bargaining Agreement for Minor League Baseball
The Expansion of California Family Rights Act, AB 1041, was signed into law by Governor Newsom on September 29, 2022. AB 1041 expands the class of people for whom an employee may take leave to care for under the California Family Rights Act (“CFRA”) to include a “designated person.” AB 1041 also expands the term “family member” under the Healthy Workplaces, Healthy Families Act (“HWHFA”), which governs paid sick day leave, to include “designated person.”Continue Reading Who Is a “Designated Person”? Changes to California’s Medical Leave
In February 2022, California enacted Senate Bill (“SB”) 114, which created California Labor Code section 248.6 to provide COVID-19 Supplemental Paid Sick Leave (“CSPSL”) to covered employees. CSPSL was due to expire on September 30, 2022. On September 29, 2022, Governor Gavin Newsom signed Assembly Bill (“AB”) 152, which (1) extends CSPSL through December 31, 2022, (2) provides employers the ability to require an additional diagnostic test before employees use CSPSL in certain circumstances, and (3) creates a grant program to assist qualified small business and nonprofits with grants for costs incurred for CSPSL provided in 2022.Continue Reading California Immediately Expands COVID-19 Supplemental Paid Sick Leave Through 2022
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.Continue Reading What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers
We previously described the “framework” for an agreement to reinstate California’s Supplemental Paid Sick Leave. Governor Newsom signed Senate Bill (“SB”) 114 into law on February 9, 2022. The specifics of the bill are summarized below.
Author’s Note: The prior version of this article noted SB 114 required employers to list the amount of CSPSL used by an employee during a given pay period. SB 114 can be interpreted to require that wage statements list both available and used CSPSL. The wage statement section has been updated to reflect best practices in light of the ambiguity in the law.Continue Reading California Reinstates COVID-19 Supplemental Paid Sick Leave
On January 25, 2022, Governor Gavin Newson announced a “framework” for an agreement to reactivate California’s COVID-19 Supplemental Paid Sick Leave (“COVID PSL”) law for the period from January 1, 2022 to September 30, 2022. California employers should assume this agreement will become law in some form and prepare accordingly to re-institute supplemental paid sick leave for their California employees in the near term.
Continue Reading California Likely to Soon Implement COVID-19 Supplemental Paid Sick Leave, Retroactive to January 1, 2022
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 September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1947 into law. Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who prevail against employers under Labor Code section 1102.5. This amendment will likely incentivize employees (and their lawyers) to bring retaliation claims against California employers. For our previous analysis of this bill, click here.
Continue Reading Whistleblower Retaliation Lawsuits Are About to Become More Expensive in California
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court’s Dynamex v. Superior Court decision. In Dynamex, the California Supreme Court adopted the so-called “ABC” test to determine coverage under the Industrial Welfare Commission (“IWC”) Wage Orders. AB-5 expands the application of the ABC test to the entire California Labor Code and will take effect on January 1, 2020.
Continue Reading It’s Official: Newsom Expands The Definition of “Employee” Under California Law
Following the launch of the so-called “MeToo” movement, the California Legislature (controlled by a Democratic supermajority) has aggressively churned out new bills that further strengthen the ability for workers to sue their employers and increase the already-significant regulatory burden on these companies. This fall, the California Legislature is geared to send three significant bills to Governor Gavin Newsom that all California employers should carefully follow.
Continue Reading Three Major Workplace Bills to Land on Gov. Gavin Newsom’s Desk