California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

The Fair Chance Act, commonly referred to as California’s “ban the box” law, imposes restrictions on employers with five or more employees from asking a job applicant any questions that seek the disclosure of their conviction history before making a conditional offer of employment. Last year, the Department of Fair Employment and Housing (DFEH) updated regulations governing background checks and published

Governor Newsom signed Assembly Bill 237 (AB 237), which prohibits California public employers from discontinuing employer contributions for health care or other medical coverage for employees who, during the duration of an authorized strike, fall below the minimum hours worked to qualify for employee health care coverage.
The bill expressly provides that it is an unfair practice for covered public

With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data.  First, AB 825, will expand the definition of personal information to include genetic data, for data breach notification requirements for businesses and government agencies,

Governor Newsom signed Senate Bill 331 (SB 331), which further limits the use of non-disclosure agreements (NDAs) and settlement agreement terms when settling employment legal claims involving harassment, discrimination, or retaliation.
Before the passage of SB 331, California’s restriction was limited to sex-related claims.  Specifically, since 2019 when SB 820 went into effect, California law prohibited a settlement agreement from

On October 5, 2021, Governor Newsom signed Assembly Bill 654 (AB 654), which expands the types of employers who are exempt from COVID-19 outbreak reporting requirements. Specifically, under AB 654, employers such as community clinics, adult day health centers, community care facilities, and child daycare facilities are exempt from COVID-19 outbreak reporting required under Assembly Bill 685 (AB 685) passed

California’s Governor passed Assembly Bill 286 (AB 286) which amends the Fair Food Delivery Act of 2020. AB 286 makes it unlawful for a food delivery platform to charge a customer any purchase price for food or beverage that exceeds the price posted by the food facility on the food delivery platform’s internet website at the time of the order.

In early August, California’s Department of Public Health (CDPH) issued a mandate for health care workers to be vaccinated by September 30, 2021. Local government agencies within California, like the County of Los Angeles Department of Public Health, passed similar orders that expanded the CDPH mandate to, for example, non-medical in-home healthcare workers.
Then, on September 28, 2021, the CDPH

Without any fanfare, Cal/OSHA updated its FAQs for the emergency temporary standards (ETS) on September 21, 2021, to incorporate new guidance from the California Department of Public Health (CDPH).
Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers.  The ETS, which governs most workplaces in California, requires a 10-day quarantine period in most circumstances.  The recent guidance

Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5 sets forth the test for whether a worker is an independent contractor or employee.
The exemptions will now sunset on January 1, 2025, providing