California Employment Law

Commentary on Issues Facing California Employers

December has started, and the holiday season is officially here. While you drink your peppermint latte and regret Black-Friday splurges, consider these five tips to avoid commonplace mistakes made by employers in December:

  • Even if an employee is on the naughty list, wait until a couple weeks into the new year to separate them. Plaintiffs’ counsel will paint employers as
  • Leave it to California courts to deliver another setback to employers right before the holidays. Near decade-old rounding rules were just dealt a hearty blow. Employers should immediately reconsider rounding policies.

    Employers have long relied on California court holdings that rounding policies that are neutral on their face and neutral as applied are lawful. The progeny of Case law clarified

    Privacy and cybersecurity are top of mind for many businesses operating in today’s world.

    Please join attorneys from Fox Rothschild’s nationwide Privacy & Data Security Practice group for a program that provides guidance on strengthening your company’s defenses through strategic approaches to cybersecurity issues and related regulatory implications. You may register here.

    This free webinar on December 8, 2022

    Following a trend in California regarding increased leniency for those with conviction records, and ensuring that formerly incarcerated people are not unduly burdened by their past, Governor Newsom recently signed SB-731 into law.  SB-731 effectively seals the records of many felony convictions if they: (a) occurred on or after January 1, 2005; and (b) if the individual has completed all

    The EDD is aggressively pursuing unemployment tax audits aimed at evaluating potential independent contractor misclassification. Presumably due to the overwhelming financial burden the pandemic imposed, the EDD is pursuing these investigations to bolster its balance sheets. The EDD is investigating companies that paid “independent contractors” on a 1099 basis in the last three years. The EDD sends targets of these

    How many times does an employee just call (or text) that they are not coming in?  Not feeling well?  Something vague.  Then months (or years) later, the employer gets a claim that the employee actually had a disability that required accommodating, and the manager knew, but no one engaged in the interactive process?  Sound familiar?  Happens all of the time

    On September 29, 2022, Governor Newsome signed AB 984 into law, allowing for digital license plates (i.e. “alternative devices”). The futuristic plates can display different messages in emergency situations and have built in GPS [pretty cool!]. But, employers beware. The license plates are a privacy nightmare.

    Employers may only “monitor” employees using the license plates if it is “strictly necessary”

    Three bills signed by Governor Gavin Newsom last week once again modify employers’ obligations to California employees who are exposed to or contract COVID-19.  The most important aspects of this round of mutations in COVID-19-related state law are summarized here.

    COVID-19 Supplemental Paid Sick Leave is Extended

    Under Assembly Bill 152, signed by Governor Newsom, employers must now permit California