Senator Bernie Sanders (I-VT) has introduced the Thirty-Two Hour Workweek Act (the “Act”), a bill that, if enacted, would lower the threshold for a “standard” workweek by 20 percent, from 40 to 32 hours. Should the Act become law, it would have a significant impact on employers not just in California but across the nation. (Of
California Employment Law Update
Latest from California Employment Law Update
March 2024 California Employment Law Notes
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
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California Pay Data Reporting Is Due May 8, 2024 (Now With New Requirements!)
As readers may know, California requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the Civil Rights Department (“CRD”).
The CRD has published “important announcements” regarding changes to this year’s reporting requirements, including the following:
- New data
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Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications across the entertainment industry.
In Moore v. Hadestown Broadway LLC, the plaintiff, a Black…
California State Senate Proposes “Intersectional” Approach to Overlapping Discrimination Claims
On February 14, 2024, California State Senator Lola Smallwood-Cuevas introduced Senate Bill 1137 (“SB 1137”), a bill that would make California the first state to specifically recognize the concept of “intersectionality.” Smallwood-Cuevas has stated that SB 1137 “makes it clear that discrimination not only happens based on one protected class, such as race, gender or…
No Fighting! CalOSHA Releases its Long-Awaited Model Workplace Violence Prevention Plan.
On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually all employers implement a workplace violence prevention plan (“WVPP”) by no later than July 1, 2024. Now, after months of…
Showdown at the Ballot Box – Business and Labor Load Up on Ammunition for PAGA Brawl
All eyes will be on the United States this November as Americans head to the polls in the upcoming 2024 general election. Likely to go somewhat less noticed among the Presidential, Senate, and House races this year is a California ballot initiative that would repeal (after 20 long years!) the Labor Code Private Attorneys General…
California’s Minimum Wage Is Spiking Again (by 25 Percent!) – This Is Not An April Fool’s Joke!
California’s minimum wage is already one of the highest in the nation at $16 per hour (although Sacramento’s efforts pale in comparison to those of cities and towns across the Golden State, which have created a patchwork quilt of over 40 different minimum wage obligations up and down the state). Now, as we have previously…
It’s Almost Valentine’s Day – And Love and Noncompetes Are In the Air!
As we previously reported, California recently enacted AB 1076, which reinforces the state’s broad statutory ban on noncompete agreements. The law took effect on January 1, 2024, and expressly codifies Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008), a California Supreme Court opinion barring any noncompete, no matter how narrowly…
January 2024 California Employment Law Notes
We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
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