Seyfarth Synopsis:  California Governor Jerry Brown recently vetoed the Gender Pay Gap Transparency Act (AB 1209), which would have required California employers to produce pay data, without consideration of legitimate reasons for differences in pay, to the Secretary of State, who then would publish the data on the internet.

Read about this development in a recent post to
Continue Reading California’s “Naming and Shaming” Gender Pay Bill is Toast, But Pay Equity Headaches Remain: Tomorrow’s Free Webinar on Pay Equity Laws

We are delighted to announce that yours truly—Seyfarth’s beloved CalPeculiarities Employment Law Blog—has just won a place among the Top 100 Legal Blogs on the web.

We are humbled by this honor, and know we owe it to you: the readers who keep us on our toes!

We are extremely grateful for your continued support. Please continue to let us
Continue Reading Dear Readers:

Authored by Christopher A. Crosman.

We are excited to announce the 16th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, this publication reviews the most commonly filed wage and hour and Labor Code class and representative claims and the development of the law over the last several
Continue Reading The 16th Edition of Litigating California Wage & Hour and Labor Code Class Actions Is Here!

The California employment agencies have been busy!

  • In February, the DFEH issued guidelines on dealing with transgender issues in the workplace (see our report here).
  • Now, effective April 1, 2016, the Fair Employment & Housing Council gives us amended regulations on preventing discrimination, harassment and retaliation in the workplace. See our One Minute Memo that posted on March 8,


Continue Reading HR Heads-up: Amended FEHA Discrimination Regulations Will Require Action

iStock_000019738366_LargeAs we have expressed many times, we could not achieve the successes we have nor continue to entertain and educate without our beloved and loyal readers. For this reason, we want to make sure we continue to deliver a blog that is relevant to you! We were hoping you could take a moment to provide some input as to how
Continue Reading What’s A Blog To Do?

This time of year gives us a chance to look back on what we’ve accomplished in the last twelve months. Our legislators and judges have kept us busy reporting on the ever-changing landscape that comes with employing folks in California. We saw our readership continue to grow and, with your support, won the very exciting Best Legal Blog – Labor
Continue Reading Happy Holidays! And a Toast to Our Dear Readers

By Annette Tyman, Christine Hendrickson and Kristina M. Launey

Yesterday, October 6, California Governor Jerry Brown signed the California Fair Pay Act, which media observers have called the nation’s most aggressive equal pay law. The Fair Pay Act will be effective January 1, 2016 for employers with California-based employees.

How Does This Law Differ From Current Laws Addressing Pay
Continue Reading California Governor Signs Strictest Equal Pay Law in U.S.

By Kristina Launey

This week sees California’s official adoption of two pro-employee measures: 

1)   Increase in the State Minimum Wage

             This morning, Governor Brown signed AB 10.  As we previously reported, this bill raises the minimum wage in two (2) $1.00 increments, from the current $8 per hour rate to $9 per hour effective July 1, 2014.  Then to
Continue Reading CA Governor Approves Minimum Wage Increase and Expanded Paid Family Leave Bills

By: Lindsay Fitch

Just when you thought you finally understood employee rights and employer obligations under the Family and Medical Leave Act (“FMLA”), you realize that you are in California, where employee privacy rights loom large and the California Family Rights Act (“CFRA”) also comes into play.  Although both laws are intended for the same purposes—to provide employees of larger employers with protected time off for various medical conditions and family situations—the CFRA tightens the reins on the information available to the employer.  Of course you want to give your employees what they need, but you also want to make sure the request is legitimate. 

So, as a California employer, what are you entitled to ask your employee about the need for CFRA leave?  Far less than under the FMLA, it turns out.  You can ask: 

        Is the employee qualified?  Under both the FMLA and CFRA, employees are qualified for leave when they have a serious health condition or when they need to care for a family member with a verified serious health condition.  A “serious health condition” is an illness, injury, impairment or physical or mental condition that involves one of the following: 

  •       Hospital care
  •      Absence (incapacity) plus treatment  
  •      Chronic conditions requiring treatment
  •      Permanent/long term conditions requiring supervision
  •      Multiple treatments for certain (non-chronic) conditions
  •      Pregnancy (a serious health condition under FMLA, but not under CFRA) 

        How Should I Know?  I’m Not a Doctor.  Fortunately, you can require a medical certification to verify the serious health condition, which must include some specific information to be sufficient.
Continue Reading Mysterious Leaves of Absence: How Do I Know If An Employee Qualifies For Leave If I Can’t Ask About Their Condition?