November 2021 Employment arbitration agreements continue to be a hot button issue in California. We recently highlighted a ruling by the Ninth Circuit that upheld AB 51, California’s ban on mandatory employment arbitration agreements. While the AB 51 decision was bad news for employers, the newly decided Martinez-Gonzalez v. Elkhorn Packing Co. LLC provides some relief. The representative plaintiff in the Elkhorn Packing case was a former farm laborer who worked for Elkhorn Packing Company (“Elkhorn”), a farm labor contractor. The plaintiff brought a class action claim for wage and hour violations. Elkhorn moved to compel arbitration and the […]

    October 2021   As 2021 winds down, California has yet again passed a host of new employment laws that has been signed by Governor Newsom.  Most of these new laws will take effect on January 1, 2022. The new employment laws cover a wide swath of issues, including medical leave, wage theft, settlement and severance agreements, Cal/OSHA regulations, and, of course, COVID-19.   CHANGES TO THE CALIFORNIA FAMILY RIGHTS ACT (CFRA) Last year, California enacted sweeping changes to the California Family Rights Act (CFRA).  The CFRA is the California equivalent to the federal Family and Medical Leave Act […]

October 2021 In response to what has been described as an extreme shortage of affordable housing in the City of Los Angeles, the City has adopted civil and criminal remedies to curb unlawful harassment against tenants. As explained below, the new statute increases liabilities and risk to residential landlords. On August 6, 2021, the City passed an ordinance adding Article 5.3 to the Los Angeles Municipal Code establishing a Tenant Anti-Harassment Ordinance, and Section 151.33 incorporating the protections in the City’s Rent Stabilization Ordinance. The Tenant Anti-Harassment Ordinance is purported by the City to be in response to a 2018 […]

September 2021 A recent ruling by the Ninth Circuit may prevent employers from mandating arbitration agreements as a condition of employment. But the ruling leaves the door open for employees to voluntarily enter into such agreements. In late 2019, the California legislature passed Assembly Bill (AB) 51. AB 51 was enacted on January 1, 2020 and codified as Labor Code § 432.6. The law prevents employers from requiring employees or job applicants to enter into mandatory arbitration agreements for claims related to the Fair Employment and Housing Act and the California Labor Code. It also bars employers from retaliating against […]

September 2021      Mechanics Liens are a mainstay of California construction industry and law. These liens may seem commonplace, but they should not be taken for granted as they are an essential sword and shield for contractors of every level to use to make sure they get paid their due on a project. What Is A Mechanics Lien?      A mechanics lien is a lien on a piece of real property held by a mechanic, material supplier, artisan, and/or laborer of every class who has bestowed labor and/or materials to improve the property. See 1 Ca Mechanics’ Lien […]

Written by Keemia Tabrizi and Matthew Wallin August 2021 California employers are required to provide employees with paystubs for each pay period where an employee earned income. Labor Code section 226 (the “Code”) includes very specific information that must be included in every wage statement. Failing to include all of the required information on every wage statement can expose employers to substantial liability, as will be discussed below. I. WHAT INFORMATION MUST BE INCLUDED: The Code lists nine categories of information that must be included in every wage statement: (1) Gross wages (without deductions); (2) Total hours worked; (3) All […]

  July 2021 Non-exempt employees in California who work more than five hours in a day are guaranteed at least one 30-minute unpaid meal break that must be taken no later than the end of the employee’s fifth hour of work.  California Labor Code § 226.7 requires employers to pay employees a premium payment of “one additional hour of pay at the employee’s regular rate of compensation” if the employees are not provided with a compliant meal break (e.g. if the meal break is less than 30-minutes or if the employees are required to continue working during their meal period). […]

  On June 17, 2021, the Cal/OSHA Standards Board adopted revisions to the Emergency Temporary Standards (ETS) for COVID-19 related safety in the workplace. For those following Cal/OSHA’s recent meetings, the revised ETS has been a bit of a roller-coaster ride. In early June, the Standards Board adopted an ETS seen by many as overly restrictive. For example, the ETS would have required continued mask usage for all employees, regardless of vaccination status. One week later, the Standards Board held an emergency meeting where it rejected the previously approved standards. The newly approved ETS continues Cal/OSHA’s policies for worker safety […]

  May 2021 Recent Evolution of California’s Independent Contractor Laws reviewed changes to California’s independent contractor laws over the last few years, including the implementation of the ABC Test. The ABC Test was first established by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, 916-917 and then codified in 2019 by Assembly Bill 5 (“AB-5”). The ABC Test presumes that a worker is an employee unless the employer can establish: (A) The worker is free from the control and direction of the hirer in connection with the performance of the work, both […]

On April 16, 2021, Governor Gavin Newsom signed Senate Bill (“SB”) 93 into law, enacting Labor Code section 2810.8. This new law, which is effective immediately, provides employees in certain hospitality industries the right-to-recall if they were laid-off due to COVID-19. This right-to-recall is effective through December 31, 2024. Employers who fail to provide employees with these recall rights face substantial consequences. What Employers Are Subject to SB 93? SB 93 applies to certain employers in the hospitality industry or connected to the hospitality industry. These employers include: • Airport Service Provider: An airport service provider is defined as “a […]