California employment practitioners have fought for years over whether a plaintiff averring a Private Attorneys General Act (PAGA) action can intervene in a separate PAGA action not brought by that
Continue Reading Hate to Be Mean, PAGA Plaintiffs Can’t InterveneCalifornia
California Attempts to Restrict Mandatory Captive Audience Meetings
Gov. Newsom has signed SB 399 into law, which restricts the ability of employers to hold mandatory “captive audience meetings” with their employees. The new legislation, also known as “California…
Continue Reading California Attempts to Restrict Mandatory Captive Audience MeetingsFirst Circuit Denies Extraterritorial Effect of California Noncompete Law
On Sept. 26, 2024, the U.S. Court of Appeals for the First Circuit ruled California’s statutory ban of noncompete agreements does not override Massachusetts law permitting noncompete agreements where the…
Continue Reading First Circuit Denies Extraterritorial Effect of California Noncompete LawPreventing Heat Exposure Indoors: New Rule for California Employers
In the wake of seven workers dying from heat illness indoors between 2010 and 2017, Cal/OSHA began pushing for rules obligating employers to provide indoor heat safety measures. On June…
Continue Reading Preventing Heat Exposure Indoors: New Rule for California EmployersGov. Newsom Announces Landmark Private Attorneys General Act Reforms
This November, California voters were expecting to vote on a measure that would replace the current Private Attorney General Act (PAGA) statute with the California Fair Pay and Employer Accountability…
Continue Reading Gov. Newsom Announces Landmark Private Attorneys General Act ReformsBusiness as Usual in California? Comparing the FTC’s Noncompete Final Rule to California Law
The Federal Trade Commission (FTC)’s recent final rule that would ban virtually all noncompete agreements in the United States will take effect Sept. 4, 2024, barring delays from pending legal…
Continue Reading Business as Usual in California? Comparing the FTC’s Noncompete Final Rule to California LawComing to California Workplaces this Summer – Workplace Violence Prevention Plans
On or before July 1, 2024, most California employers must establish a Workplace Violence Prevention Plan (WVPP) in addition to their Injury, Illness & Prevention Programs. Employers also need to provide training on their WVPP and keep prescribed records.
Continue Reading Coming to California Workplaces this Summer – Workplace Violence Prevention Plans
Effective April 1, California’s ‘Fast Act’ Covers More Than ‘Fast Food,’ Comes with Significant Implications
AB 1228, commonly referred to as the “Fast Act,” takes effect in California on April 1, 2024, and the consequences for non-compliance are serious.
Many affected companies have closely followed…
Continue Reading Effective April 1, California’s ‘Fast Act’ Covers More Than ‘Fast Food,’ Comes with Significant ImplicationsWhose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA Action
By now, it’s a familiar maxim: when an employee brings an action under the Private Attorneys General Act (PAGA), “the state is the real party in interest.” Iskanian v. CLS …
Continue Reading Whose Case Is It Anyway? Trial Court Orders State of California to Pay Court Costs in PAGA ActionImplications of California Senate Bill 365 for Employers in Light of Estrada
The California Supreme Court and the Legislature ushered in 2024 with two significant changes that may appear unrelated but that may impact California employers. We consider each in turn.