Last year California passed SB 553, which is now Labor Code Section 6410.9, a first in the nation law requiring employers to implement a Workplace Violence Prevention Plan (“WVPP”).  The new law mandates that employers create and implement a WVPP no later than July 1, 2024.  The WVPP must comply with key requirements of the new law, which will be enforced by Cal/OSHA, who may issue citations and penalties for violations. Section 6401.9 applies to all California employers, with the following exceptions: Employers who are already covered by the Workplace Violence Prevention in Healthcare standard (or employers that already comply... READ MORE

When employers interview job candidates, they appropriately focus on questions that will obtain information they need to hire the right person. However, they must also be sure that they do not ask questions that are prohibited under California law and that can potentially lead to lawsuits including those for discrimination. California employers with five or more employees are covered by the California Fair Employment & Housing Act (FEHA) which prohibits discrimination based upon age, ancestry, color marital status, medical condition, national origin, physical disability, religion, sex or sexual orientation, and military status. (Employers with fewer than five employees should also... READ MORE

Time to Revisit Your Arbitration Agreement: Courts Issue Significant Decisions Regarding Arbitration Agreements In a significant decision for employers, in January 2024 a federal court in the case of Chamber of Commerce of the USA et al. v. Becerra, et. al. issued a permanent injunction barring California from enforcing Assembly Bill 51 which forbid employers from requiring arbitration agreements as a condition of employment.  The recent decision ends a recent period of time of uncertainty as the case went through the appeals courts, and only voluntary arbitration agreements could be entered into with employees. Based upon the decision, California employers... READ MORE

This year the California legislature and Governor Newsom enacted several new employment laws taking effect January 1, 2024.  Here are the key changes you must be aware of for the new year. Increase in Paid Sick Leave Effective January 1, 2024, California employers of all sizes must provide 5 days (40 hours) of paid sick leave each year to employees.  This is an increase from 3 days that is the current requirement.  The new law continues to allow employers to either provide the paid sick leave on an accrual basis or via frontloading the leave at the beginning of each... READ MORE

In recently passing two separate bills, Assembly Bill 1076 and Senate Bill 699, California has further strengthened its prohibition on non-compete agreements between employers and employees. California’s existing law, Business & Professions Code section 16600 already established that such agreements are void with very limited exceptions. However, the legislature remained concerned that some employers were still using non-compete agreements with employees as a deterrent. Therefore, California enacted Business & Professions Code section 16600.5 which effective January 1, 2024 will make it unlawful for an employer to even enter into a non-compete agreement with their employees. Employers who violate the new... READ MORE

Effective January 1, 2024, California will require all employers to increase the amount of paid sick leave to their employees from the current requirement of 3 days to the new requirement of 5 days per year. The new law, SB616, signed by Governor Newsome on October 4, applies to all employers regardless of size. Note that certain municipalities provide greater paid sick leave, such as the City of Los Angeles. Employers that fall under those municipalities’ laws must provide the greater amount of paid sick leave and also comply with the requirements set forth below. The new law increases the... READ MORE

A severance agreement is a release to be signed by an employee whose employment is separated in exchange for payment of money (or other consideration). This can be an effective tool to protect a company from future lawsuits and other risks. Below we discuss legal requirements when using a severance agreement as well as specific provisions that should be included in the agreement to protect the organization. Legal Requirements When Presenting A Severance Agreement Whenever severance agreements are used there are certain legal requirements that must be followed. As a preliminary matter, in order to be enforceable, the employee must... READ MORE

Over the last several years, remote working has radically changed the traditional office workforce.  With employees no longer physically present in the office, employers face new challenges in effectively managing remote workers to ensure their productivity and compliance with company policies and California’s extensive employment laws.   While there are certainly advantages for employers to have remote workers such as savings in office space expenditures and improved employee morale, there are important considerations to be taken into account whenever remote working arrangements are being used by employers.  Below are some key considerations and requirements that all employers should know. Develop and Implement... READ MORE

The state of California currently sets the minimum wage rate at $15.50 per hour. However, for employers with employees that work in specific cities (see below) the employers must also comply with local city minimum wage requirements when it is higher than the state mandated rate. Effective July 1, 2023, employers with employees in the following local cities, and unincorporated Los Angeles, will need to increase their minimum wage rate of pay as follows: Los Angeles City: $16.78/hour;Los Angeles County (unincorporated areas): $16.90/hour;Malibu: $16.90/hour;Pasadena: $16.93/hour;Santa Monica: $16.90/hour; andWest Hollywood: $19.08/hour   Employers whose employees work remotely in any of these... READ MORE

Whether your company is a large or small employer, there are five essential documents that should be implemented and distributed to your employees that will serve to both protect (as best as possible) the organization from employment-based claims as well as to keep your employees informed and notified of expectations concerning their employment.  Consultation with experienced employment counsel, who can aid in preparing these various documents is highly recommended.  The following are the top five essential employment documents every employer should have. Offer Letter Once a decision has been made to hire an employee, the critical terms and conditions of... READ MORE