Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session.

On August 13, 2019, the California Senate Appropriations Committee held a short hearing on Assembly Bill 5. AB 5, if enacted into law, would codify the “ABC Test” for employee status adopted
Continue Reading Companies Remain In Suspense On AB 5 Independent Contractor Bill

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for civil fines. AB 450 will require employers to understand or seek guidance on where the new law ends and federal immigration law begins. The complexities of U.S. immigration
Continue Reading AB 450: California’s Law of Unintended Immigration Consequences

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

Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act. The new class of potential plaintiffs are applicants denied employment because of their conviction history, where the employer is unable to justify relying on that conviction history to deny employment.

We’ve reported on two January
Continue Reading California Passes State-Wide Ban-the-Box Law

Seyfarth Synopsis: Background screening companies that provide background checks to online child care job posting services in California may face increased civil liability as they seek to comply with new Assembly Bill No. 2036.

Parents want to employ only the most qualified individuals to watch over their children. Background checks on these individuals—often provided by consumer reporting agencies—therefore are
Continue Reading New Child Care Background Check Bill Leaves More Questions Than Answers

Seyfarth Synopsis: Governor Jerry Brown recently signed pay equity legislation to build on SB 358, a gender pay equity bill that he signed just last year.

Recent state pay equity initiatives (in Massachusetts, New Jersey, New York) have focused on gender. California is different. Leave it to the state that last year passed the nation’s strictest pay
Continue Reading Pay Equity Extends to Race, Ethnicity, Without Banning Salary Inquiries

Seyfarth Synopsis: On September 25 (yes, a Sunday), Governor Brown signed into law Senate Bill 1241. SB 1241, effective January 1, 2017, adds Section 925 to the Labor Code to restrain the ability of employers to require employees to litigate or arbitrate employment disputes (1) outside of California or (2) under the laws of another state. The only exception
Continue Reading SB 1241—What Happens in California Stays in California (Sorry, Vegas)