Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of  which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid sick leave, Cal-WARN, industry-specific requirements, and more.

It’s unnatural – 2023 saw a historic number

Continue Reading Legislative Update: Nearing the End of the Road (for 2023)

Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation presumption—became effective immediately upon signing. Others—such as an expansion of CFRA and other leave rights, an EEO-1-like annual pay data report, and (believe it
Continue Reading Pen Down, Governor Newsom: California’s Newest Employment Laws

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of absence and COVID relief.

Monday, August 31st (or, really, the wee hours of September 1) marked the Legislature’s last day to pass bills to Governor
Continue Reading California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Synopsis: When we think of California employers encountering complex issues during the COVID-19 pandemic, images of retail, service, and other types of businesses come to mind. But one special type of employer needs to be mindful of California law: the family who employs workers to support the household as nannies, chefs, security personnel, personal assistants, and personal caregivers. We
Continue Reading Real Households of California: Issues with Domestic Workers

Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. Questions raised by the current crop of cases include standing to sue, the availability of certain claims and remedies, federal preemption of California laws, what counts as compensable time, and—that perennial favorite—how to interpret
Continue Reading 2019 Employment Law: Cases Pending in the California Supreme Court

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…)

By Michele Haydel Gehrke and Colleen M. Regan

Cal Pecs Blog is a BLAWG 100 Fan Favorite!!!!

In November, we announced that our Cal Pecs blog was selected as one of the ABA Journal’s 2014 “BLAWG 100.”  Today, we are thrilled to further proclaim that we earned the most votes from YOU, our devoted readers, in the ABA Journal
Continue Reading Thanks for Making Us A Fan Favorite!!! . . . and a Couple of Nitty Gritty Wage Hour Decisions

By John R. Giovannone and Brandon R. McKelvey

When the California Supreme Court issued its landmark decision in Brinker last year, employers were excited about the apparent legal clarity it offered in the area of meal and rest breaks.  We finally had our explanation of what an employer must do to “authorize and permit” meal and rest breaks, as Brinker succinctly declared:  “an employer is obligated only to ‘make available’ meal [and rest] break periods, with no responsibility for whether they are [actually] taken. [But] the employer is not obligated to police meal [and rest] breaks and ensure no work thereafter is performed.” 

In Brinker’s immediate wake, employers could feel confident in their meal and rest break rule compliance, so long as they (a) relieved employees of all duty, relinquished control and permitted them a reasonable opportunity to take breaks and (b) did not impede or discourage employees from taking breaks. 

But now, the breadth of Brinker’s clarity is under attack.  In this blog series, The Battle After Brinker, we will explore the current controversy over Brinker and what it means.  Since Brinker was decided, the battleground has shifted from the text of the Wage Order to the text of Brinker’s explanation.  While we now know that the employer’s duty is not to police breaks so as to ensure that they are actually taken, disputes can still arise over the meaning of an employer’s duty to make breaks available and the ramifications of that duty on the employer’s break policies and on the viability of meal and rest period class actions
Continue Reading Halloween Scare: Recent Court of Appeal Decision on Meal and Rest Breaks Begs the Question – Was Brinker a Trick or a Treat?