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Publications
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02.26.2024Labor Law Today—2023 Year in ReviewLawyer PublicationsPerkins Coie is pleased to present the fifth edition of Labor Law Today—Year in Review, which provides a summary of significant developments in traditional labor law over the past year.
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07.19.2023California Employers Will Not Be Liable for COVID-19 Infections Contracted by Workers’ Household MembersUpdates
The California Supreme Court unanimously ruled in Kuciemba v. Victory Woodworks, Inc. on July 6, 2023, that California employers cannot be held liable by their workers’ household members when workers contract COVID-19 in the workplace and spread the disease to their household members. This decision prevents millions of potential plaintiffs from bringing claims against California employers.
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02.13.2023Labor Law Today—2022 Year in ReviewLawyer PublicationsPerkins Coie is pleased to present the fourth edition of Labor Law Today—Year in Review, offering a summary of the past year’s most noteworthy and influential developments in traditional labor law.
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06.22.2022California Court Overturns Board Gender Diversity StatuteUpdates
A Los Angeles Superior Court judge struck down California’s board gender diversity statute on May 13, 2022. The court found that Senate Bill 826 violated the California Constitution’s Equal Protection Clause.
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03.31.2022Labor Law Today—2021 Year in ReviewUpdatesPerkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.
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12.03.2020California Employers Must Provide Sexual Harassment Training to Employees By January 1, 2021UpdatesPrior to January 1, 2021, all employers with five or more employees in California must provide one hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and two hours of sexual harassment and abusive conduct prevention training to any supervisors and managers once every two years.
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05.06.2020City of Los Angeles COVID-19 Right of Recall Ordinance AdoptedUpdatesThe COVID-19 Right of Recall Ordinance requires that airport, hotel, event center, and commercial property employers offer a laid off worker, in writing, any position which is or becomes available after the effective date of the ordinance (listed as June 14, 2020) for which the laid off worker is qualified.
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05.06.2020City of Los Angeles COVID-19 Worker Retention Ordinance AdoptedUpdatesThe COVID-19 Worker Retention Ordinance applies to airport, hotel, event center, and commercial property businesses and works in tandem with the COVID-19 Right of Recall Ordinance.
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Updated 05.07.2020COVID-19 Supplemental Paid Sick Leave Mandated for Employees Working in Unincorporated Areas in Los Angeles County for Employees of Employers With 500 or More Employees NationallyUpdatesLos Angeles County enacted the COVID-19 Worker Protection Ordinance on April 28, 2020.
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04.09.2020 (Updated 04.16.2020)City of Los Angeles Issues Worker Protection OrderUpdatesLos Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here.
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04.14.2020, Updated 5.27.2020Los Angeles Modifies COVID-19 Supplemental Paid Leave OrdinanceUpdatesLos Angeles Mayor Eric Garcetti has modified the previously passed COVID-19 Supplemental Paid Sick Leave Ordinance by issuing a public order under City of Los Angeles Emergency Authority.
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04.09.2020 (Updated 04.14.2020)Los Angeles Enacts A Supplemental Paid Sick Leave Ordinance in Response to COVID-19UpdatesThe City of Los Angeles recently enacted a new ordinance called the COVID-19 Supplemental Paid Sick Leave Ordinance that applies to employers with 500 or more employees nationally.
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11.05.2019California Employment Law Legislative Update 2020UpdatesWith the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year.
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11.01.2019New California Legislation Enhances Employees’ Privacy RightsUpdatesWith the California Consumer Privacy Act of 2018 (CCPA) set to take effect on January 1, 2020, California Governor Gavin Newsom signed amendments in October 2019 providing businesses some temporary shelter from the CCPA provisions with respect to information of their employees, job applicants and independent contractors.
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09.19.2019Washington Supreme Court Upholds Workweek Averaging for Non-Agricultural Piece-Rate WorkersUpdatesOn September 5, 2019, the Washington Supreme Court held that non-agricultural employees do not have to be paid a separate hourly rate for time spent on non-piece-rate activities.
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07.29.2019California’s CROWN Act Expands Discrimination Protections for Natural HairUpdatesCalifornia Governor Gavin Newsom passed Senate Bill 188, known as the Creating a Respectful and Open Workplace for Natural Hair (C.R.O.W.N.) Act, earlier this month which expanded existing anti-discrimination state law to protect employees and students from discrimination based on natural hairstyles.
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10.11.2018California Takes Steps to Fight Sexual Harassment in the WorkplaceUpdatesCalifornia Governor Jerry Brown recently signed Senate Bill No. 820, enacted as California Code of Civil Procedure Section 1001, which places new restrictions on confidentiality provisions in settlement agreements involving sexual harassment/discrimination claims.
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08.03.2018California’s High Court Rejects FLSA’s De Minimis DoctrineUpdatesThe California Supreme Court issued an opinion on July 26, 2018, and found that the federal Fair Labor Standards Act’s de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code.
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11.13.2017California Law Restricts Employer’s Consideration of Job Applicants’ Criminal HistoryUpdatesEffective January 1, 2018, California employers with five or more employees are prohibited from asking about a prospective employee’s criminal conviction history until a conditional job offer has been made.
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11.10.2017California Law Mandates Parental Leave for Small Businesses With 20+ EmployeesUpdatesGovernor Jerry Brown signed S.B. 63 last month, which makes CFRA applicable to businesses with 20+ employees.
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11.09.2017California Law Limits Employer’s Salary and Benefits History Inquiries to Job ApplicantsUpdatesGovernor Jerry Brown signed A.B. 168 last month, which prohibits employers from asking job applicants for salary history information.
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03.13.2017Unions Continue Their Organizing Success in Silicon ValleyUpdatesIn addition to championing greater employee and workplace protections via ballot measures and city ordinances in Santa Clara County, California, several unions have set their eyes on the employees of the private companies that provide services to Silicon Valley’s high-tech campuses.
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04.29.2016Fending Off Litigation With New Calif. Piece Rate LawArticles
Law360
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05.09.2013NLRB’s Union Poster Rule Struck Down by D.C. CircuitUpdatesOn May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the rule adopted by the National Labor Relations Board (the Board) that required most private sector employers to display on their properties and websites a large poster notifying employees of their rights under the National Labor Relations Act (the Act) and that failure to do so would be an unfair labor practice.
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11.26.2012I-502 – When the Smoke Clears, Nothing Changes in the WorkplaceUpdatesOn November 6, 2012, Washington state voters passed Initiative 502 (I-502), making it legal under state law for people in Washington to consume marijuana for recreational use. The intent of I-502 is to make the production and sale of marijuana a “tightly regulated, state-licensed system similar to that for controlling hard alcohol.”
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03.04.2011Supreme Court's Cat's Paw Decision Leaves Employers in the DarkUpdatesOn March 1, 2011, the U.S. Supreme Court issued a decision in Staub v. Proctor Hospital analyzing the so-called “cat’s paw” theory of discrimination. Plaintiffs argue that the cat’s paw theory applies when a biased supervisor or manager influences, but does not personally make, an employment decision, and the actual decision maker is not demonstrably biased. In the Staub decision, the Supreme Court held that employers can be held liable for cat’s paw discrimination. Unfortunately, the decision provides little guidance on what steps employers may take to avoid cat’s paw liability.
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Fall 2009Increased Funding, Revamped SEC Procedures, and Disgruntled Workforce Create Perfect StormArticles
ABA Employment & Labor Relations Law, Volume 8, Number 1, Fall 2009
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2007Fighting Biopiracy: The Legislative Protection of Traditional KnowledgeArticlesBiotech and pharmaceutical companies have made enormous strides in contributing to modem medicine in recent years; nevertheless, diseases like cancer diabetes, heart disease, and HIV continue to kill millions of people every year.
Presentations
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02.19.2016Preparing Your Company for Funding and BeyondSpeaking EngagementsOneStart 2016 Bootcamp / San Francisco
Coronavirus (COVID-19): Guidance for Businesses Blog
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City of Los Angeles COVID-19 Worker Retention Ordinance Adopted
The COVID-19 Worker Retention Ordinance requires employers who acquire a business, whether by sale, transfer, or otherwise, to give priority to the employees of the original business when hiring. Note this ordinance only applies to certain airport, hotel, event center, and commercial property employers. Read more Continue Reading…
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City of Los Angeles COVID-19 Right of Recall Ordinance Adopted
The City of Los Angeles enacted two new ordinances that will become effective on June 14, 2020. The COVID-19 Right of Recall Ordinance requires certain employers to give priority to previously laid off workers when they are ready to expand their workforce as restrictions are loosened with the Safer-At-Home Order. Note this ordinance only applies... Continue Reading…
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Los Angeles County enacted an ordinance on April 29, 2020, effective immediately, that requires employers with 500 or more employees nationally to provide supplemental paid sick leave to qualifying employees for COVID-19-related reasons. These employers with employees working within the geographic boundaries of the unincorporated areas of the county will need to review this new... Continue Reading…
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Los Angeles County Announces a Roadmap to Recovery
Los Angeles County announced a Roadmap to Recovery allowing certain non-essential businesses to reopen for curbside pickup with adherence to distancing and infection control protocols as of May 8, 2020. Los Angeles County will also allow certain outdoor parks and recreational facilities to open provided all activities adhere to distancing and infection control procedures. A... Continue Reading…
