NEW PAY SCALE TRANSPARENCY AND REPORTING REQUIREMENTS. Gov. Gavin Newsom (D) signed a bill that requires employers to provide pay scales (ranges) for any job posting or on demand to employees. The law applies to employers with at least 15 employees. In addition, employers with more than 100 employees anywhere with at least one in
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One down, one to go: A joint employer nightmare
Can an employee bring a wage and hour class action against an employer staffing agency, settle, and then bring a second class action against the staffing agency’s client, premised on the same alleged violations?The California Supreme Court says yes, where the client company was neither a party to the first lawsuit nor a named…
Some local minimum wages will soon exceed California minimum
It won’t be long before minimum wages in a number of California cities and counties will be higher than the state minimum wage.On July 1, various local ordinances will take effect that raise the minimum wage for workers located within specific city or county boundaries. For almost all of these ordinances, the size of the…
U.S. Supreme Court upholds arbitration agreements, even in PAGA actions
Many California employers can breathe more easily because claims under the California Private Attorneys General Act can no longer be used to circumvent employee agreements to arbitrate.At least, not for now. In Viking River Cruises v. Moriana, the U.S. Supreme Court said that the Federal Arbitration Act preempts the rule announced in the 2014…
Delay didn't defeat employer's right to arbitrate, CA appeals court says
Viking River Cruises sails through SCOTUS oral argument
In 2014, the California Supreme Court declared unenforceable arbitration agreements in which employees waive the right to bring a representative action under the California Private Attorneys General Act.That decision now hangs in the balance with the anticipated decision by the U.S. Supreme Court in Viking River Cruises, Inc. v. Moriana. The Supreme Court recently heard…
What employers need to know about California's new COVID-19 paid sick leave
As anticipated, on February 9, California Gov. Gavin Newsom (D) signed into law S.B. 114, which reinstates supplemental paid sick leave for covered employees and their family members related to COVID-19. Here are some FAQs. When does the law take effect? The new law applies retroactively to eligible absences that occurred beginning on January 1, and…
Supplemental paid sick leave for COVID to get an encore
UPDATE (2/11/22): On Wednesday, February 9, Gov. Newsom signed the new bill, which can be found here. We will publish more details about the new law next week.California continues to be, in my humble opinion, the best state for employees. The latest proof is the government’s intent to bring back COVID-19 supplemental paid sick leave. On January…
Five must-watch areas for California employers in 2022
No. 1: Settlement and separation agreements. Pay attention to any new settlement, employment, or severance agreements. We already know that settlement agreement provisions that restrict the disclosure of facts related to a civil or administrative claim of sexual assault or sexual harassment are prohibited. As of January 1, these agreements also cannot restrict the disclosure…
Arbitration compelled, despite ambiguous agreement
Finally, some good news for employers on the arbitration front. In a recent decision, a California appeals court decision sent a case to binding arbitration, despite clear ambiguities in the arbitration agreement.Western Bagel Co. v. Superior Court (Calderon) Jose Calderon, who worked at a Western Bagel retail store, filed a putative class action, alleging that…