California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

Latest from California Workplace Law Blog - Page 2

While April has meant the return to the office for many employees across the state, many are remaining remote despite the lifting of statewide COVID-19 restrictions.
Employers with remote employees in California need to ensure they are complying with the state’s employment laws when it comes to those working from home. For purposes of the state’s wage and hour laws,

On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS).
The third adoption makes some changes to the ETS previously in effect. Some of the more significant changes include:

  • Elimination of the requirement that face coverings pass the “light test” (g.does not let light pass through when held up

It is important that employers in California not only know the multitude of statewide employment regulations but also familiarize themselves with local ordinances in the California cities where employees work.
The following are some of the important ordinances employers with operations in the City of San Jose should be aware of.
Minimum Wage
Effective January 1, 2022, the minimum wage

“The EEOC is keenly aware that [artificial intelligence and algorithmic decision-making] tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”
Statement from EEOC Chair Charlotte A. Burrows in late October 2021 announcing the employment agency’s launching an initiative to

Though California has mostly lifted COVID-19 requirements statewide, the Cal/OSHA Standards Board is not planning to let the COVID-19 Emergency Temporary Standard (ETS) expire. Per Governor Newsom’s executive order, the expiration of the second readoption of the ETS was extended to May 6, 2022, but the Cal/OSHA’s Standards Board has posted a notice that it plans to readopt a third

On September 30, 2020, Governor Newsom signed Assembly Bill (AB) 979, which required publicly held corporations headquartered in California to diversify their boards of directors with directors from “underrepresented communities” by December 31, 2021. AB 979 followed similar legislation in Senate Bill (SB) 826, which required gender diversity on boards of directors.
SB 826 and AB 979 have faced

In December 2021, the U.S. Supreme Court agreed to hear arguments in Viking River Cruises v. Moriana (Viking). The question presented in Viking is whether the Federal Arbitration Act (FAA) requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including representative claims under California’s Private Attorneys General Act (PAGA).
This case arose out

Employers should have a comprehensive plan regarding sexual harassment prevention in the workplace, which includes training for all employees. Under current California law, employers with five or more employees are required to provide two hours of sexual harassment prevention training to supervisors and managers and one hour of sexual harassment prevention training to non-supervisory employees. All training must take place in

San Francisco’s Family Friendly Workplace Ordinance was enacted in 2014 and provides employees with the right to request flexible or predictable work arrangements to assist with caregiving responsibilities.  Initially, the ordinance applied to requests to care for a child or a parent over age 65.
The ordinance applies to employers with 20 or more employees, regardless of location.
Employees of

Recently the U.S. Equal Employment Opportunity Commission (EEOC) released new guidance regarding discrimination against employees with caregiving responsibilities for family members. California similarly has a pending bill, Assembly Bill (AB) 2182, which seeks to add “family responsibilities” as a protected class under the Fair Employment and Housing Act (FEHA).
If passed, the bill would prohibit employment discrimination on