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Author: GibbsGiden

  • July 2024 On June 18, 2024, California Governor, Gavin Newsom, announced that he reached an agreement with legislative leadership and business and labor groups to reform the Private Attorneys General Act (“PAGA”). The reforms to PAGA seek to strengthen worker protections and encourage employer compliance, while simultaneously limiting frivolous litigation against employers. Now, it is up to the Legislature to approve of this agreement. The California Fair Pay and Employer Accountability Act qualified for the 2024 ballot. The ballot initiative sought to dramatically reform PAGA by, among other things, returning enforcement powers back to the state and removing the ability […]

  • May 2024 Preventing work-related deaths, injuries, and illnesses is critical for every employer. According to the Occupational Safety and Health Administration (“OSHA”), since the federal Occupational Safety and Health Act (“OSH Act”) was signed into law, workplace reported deaths and injuries have significantly dropped. OSHA attributes this drop to the implementation by many businesses of an Injury and Illness Prevention Program (“IIPP”), which has helped prevent thousands of injuries worldwide and helps promote safety workplace culture. While the federal OSH Act does not require businesses to implement an IIPP, California does.  Therefore, it is important for employers to understand what […]

  •   May 2024 On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule that would ban employment non-compete agreements for most employees in the United States.  The new rule was published in the Federal Register on May 7, so it is projected to go into effect on September 4, 2024.  Multiple parties, including the U.S. Chamber of Commerce, have filed lawsuits challenging the rule and seeking to stay its enforcement as the challenges work their way through the courts.  What Does the New Rule Do? Simply put, the FTC’s new rule would ban non-compete agreements for almost […]

  •   May 2024 California employees have until July 1, 2024 to prepare and implement a Workplace Violence Prevention Plan (“WVPP”). In 2023, the California Senate introduced Senate Bill (SB) 553 for the purpose of reducing instances of workplace violence. SB 533 was signed into law in September 2023, which was then codified under Labor Code section 6401.9. The requirement for employers to prepare and implement a WVPP, however, were pushed back to July 1, 2024 in part to give Cal/OSHA time to develop a model program. Who Must Comply? Almost all California employer must comply with the requirements of Labor […]

  • March 2024 As the use of artificial intelligence (AI) continues to explode, the California legislature is reacting by proposing legislation to regulate and reign in its use.  Legislators have proposed a host of new AI-based laws for 2024, and Assembly Bill (AB) 2930 may be the most impactful on employers.  AB 2930 would provide prosecutors with authority to combat “algorithmic discrimination,” including in the workplace.  Prosecutors could use AB 2930 to bring civil actions against employers with significant consequences.  Algorithmic discrimination under the proposed statute is defined as: The condition in which an automated decision tool contributes to unjustified differential […]

  • February 2024   There are few changes in law from year to year that are as sweeping and as significant as the Corporate Transparency Act (CTA), which was enacted by Congress to help prevent and combat money laundering, terrorist financing, corruption, and tax fraud. The CTA requires that on and after January 1, 2024, virtually all businesses must file, and subsequently update, a Beneficial Ownership Information (BOI) Report with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). The BOI requires the disclosure of certain personal information to FinCEN. Although the nuances of the CTA are still being clarified […]

  • We take great pleasure in announcing that Richard Marks and Kyle Marks have joined the firm. They bring a combined 60 years of real property law experience to Gibbs Giden. Well known Title Insurance and seasoned real estate attorneys they have both served as chair of the Title Insurance Subsection of the Los Angeles County Bar Association and are adjunct professors at Southwestern University School of Law. We are excited to welcome these two exceptional partners and their commitment to representing clients with honesty, integrity, and excellence. You can find them in our firm’s Westlake office. Richard Marks Kyle Marks […]

  • With the close of the 2023 California legislative session, it is time to take a look at a few of the most important new and updated employment laws to ensure your business is prepared and compliant for the new year. Expanded Leave Protections SB 616 – Increase in Paid Sick Days Accrual and Use[1] Under existing law, employers are required to provide a minimum of 3 days (or twenty-four hours) of paid sick leave each year. Additionally, employees are entitled to accrue 6 days (or forty-eight hours) of paid sick leave which may be carried over from one year to […]

  •   August 2023   For more information contact: Jeffrey B. Love, Esq. email: jlove@gibbsgiden.com Jeff Love is a partner with the firm. His practice encompasses all facets of real estate transactions, including drafting and negotiating purchase, sale, syndication, and financing transactions in connection with commercial, industrial, and residential assets. He also regularly drafts and negotiates office, retail, and industrial leases for regional landlords and tenants throughout the West Coast. Mr. Love has extensive experience drafting, negotiating, and reviewing real estate loan documents, including originations, modifications, note purchase agreements and other finance-related transactions from structuring through loan closing. He is a licensed real […]

  •   August 2023   Dynamix Operations W. v. Superior Court and the subsequent passage of AB 5 represent seismic shifts in independent contractor rules in California.  We have previously provided details of these changes and their impacts. The Recent Evolution of Independent Contractor Laws; California Assembly Bill 5: Drastic Changes to the Healthcare Industry Are Certain and Immediate; California Motor Carriers Are Subject to AB-5; Ten Common Employment Law Violations; New California Employment Laws for 2022; California Employment Law Update 2021. But how do these laws impact the construction industry, and specifically the relationship between the prime contractor and subcontractors?  […]