Seyfarth Synopsis: In recognition of PAGA’s failure to protect California’s workers for the past 18 years, and the tremendous toll it has taken on California businesses, 2022 is the year to pass a proposed ballot initiative to amend this troublesome statute. The California Fair Pay and Accountability Act on the ballot this year aims to replace PAGA with alternative Labor
Continue Reading A New Year’s Resolution—Time to Replace PAGA
Labor Commissioner
Wait A Minute Mr. Postman: Arrival From The Labor Commissioner?
Seyfarth Synopsis: SB 62, which became effective January 1, 2022, makes those involved in the chain of garment manufacturing jointly and severally liable for certain labor law violations, and eliminates piece-rate compensation for workers in the garment industry. As expected, the Labor Commissioner is stepping up enforcement in the new year and those in the industry should ensure …
Continue Reading Wait A Minute Mr. Postman: Arrival From The Labor Commissioner?
Warehouse Quota Bill Signed, Agricultural Worker Card Check Bill Vetoed
Seyfarth Synopsis: Governor Gavin Newsom has approved AB 701, which will impose notice and other requirements on employers of employees subject to quotas in large California warehouse distribution centers, and has vetoed AB 616, an agricultural worker card check bill.
Acting on the first two major employment-related bills of interest to private employers, Governor Newsom on September 22, 2021 approved…
Continue Reading Warehouse Quota Bill Signed, Agricultural Worker Card Check Bill Vetoed
Unfashionable: Garment Retailers May Be Liable for Manufacturers’ Wage Violations
Seyfarth Synopsis: Proposed California legislation, SB 62, would hold certain garment retailers known as “brand guarantors” (i.e. those that license their brand or name for manufacturing) responsible for labor violations occurring down the supply chain. We discuss the proposed bill’s provisions below, and its implications for companies operating in this area.
“Abe Lincoln wanted to abolish slavery, right? Well, …
Continue Reading Unfashionable: Garment Retailers May Be Liable for Manufacturers’ Wage Violations
California Revives, Expands Covid-19 Supplemental Paid Sick Leave
Seyfarth Synopsis: On March 18, 2021, the California Senate voted to revive and expand the COVID-19 related supplemental paid sick leave law that expired on December 31, 2020, and Governor Newsom signed it into law the following evening. The law became effective immediately once signed, with a 10-day grace period for compliance, and it applies retroactively to January 1, 2021 …
Continue Reading California Revives, Expands Covid-19 Supplemental Paid Sick Leave
Demystifying Labor Commissioner Wage Claims
Seyfarth Synopsis: Halloween was last week, and you probably thought all the scary ghouls and goblins were going to rest for another year. Do not relax just yet! This week, we discuss another process that can be scary for California employers—wage claims filed with the Labor Commissioner. We discuss the process below with the hope of providing some clarity.…
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California Employment Legislative Update: Governor Newsom Gets to Work
Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired lactation accommodation bill.
Friday, September 13th marked the Legislature’s last day to pass bills to Governor Newsom’s desk for approval in the first…
Continue Reading California Employment Legislative Update: Governor Newsom Gets to Work
2018 California Legislative Update: What Survived the House of Origin Deadline?
Seyfarth Synopsis: Several bills of concern to California employers failed to receive the house of origin blessing and passage by the June 1 deadline, including this year’s attempts at PAGA reform, criminal history inquiries, and medical marijuana accommodations, while a boatload of others, most notably sexual harassment-related bills, sail on. The measures being passed to their opposite house for consideration …
Continue Reading 2018 California Legislative Update: What Survived the House of Origin Deadline?
AB 450: California’s Law of Unintended Immigration Consequences
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
2017 Labor & Employment Legislative Update: It’s Finally Over! (For Now…)
Seyfarth Synopsis: New statutory obligations for California employers in 2018 will include prohibitions on inquiries into applicants’ salary and conviction histories, expanding CFRA to employees of smaller employers, expansion of mandatory harassment training to include content on gender identity, gender expression, and sexual orientation, and new immigration-related restrictions and obligations.
California Governor Jerry Brown spent his last day to sign…
Continue Reading 2017 Labor & Employment Legislative Update: It’s Finally Over! (For Now…)