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Publications
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03.14.2024Cal/OSHA Provides Guidance for Employers Developing Workplace Violence Prevention PlansUpdatesCalifornia’s Division of Occupational Safety and Health published a model workplace violence prevention plan and fact sheets for applicable industries to help employers comply with SB 553.
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01.22.2024Valentine’s Day Marks Compliance Deadline for California Noncompete Notification RequirementUpdatesAB 1076 went into effect on January 1, 2024, and codifies existing case law by making it expressly unlawful for employers to utilize any noncompete agreement with employees that does not satisfy an exception to Section 16600.
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12.28.2023Update: New California State Law Addresses Noncompete AgreementsPodcastsIn this episode, Heather and Matt discuss Senate Bill 699 and provide tips on what actions employers may want to take to best serve their companies.
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10.20.20232023 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills.
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10.20.2023Update: California Supreme Court Limits Utility of Arbitration Agreements for PAGA ClaimsPodcastsJoin Heather and Matt to learn more about the current state and utility of arbitration under California’s Private Attorneys General Act (PAGA).
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09.18.2023New California State Law Addresses Noncompete AgreementsUpdatesAbsent specific exceptions, under California Business and Professions Code section 16600, California generally prohibits employers from entering into contracts with employees that preclude those employees from engaging in a lawful profession, trade, or business of any kind.
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07.20.2023California Supreme Court Limits Utility of Arbitration Agreements for PAGA ClaimsUpdatesIn June 2022, in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), the U.S. Supreme Court held that the Federal Arbitration Act preempts the rule that precludes the use of an agreement to divide PAGA claims into individual and representative claims.
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06.17.2022US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA ClaimsUpdatesCalifornia’s Private Attorneys General Act is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the employee and fellow current and former employees.
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03.08.2022New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment DisputesUpdatesPresident Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, into law on March 3, 2022.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.05.2021OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe Occupational Health Safety Administration (OSHA) issued the anxiously-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard (Vaccine ETS), which mandates that private employers with 100 or more employees (Employers) implement a COVID-19 vaccination policy.
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10.25.20212021 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies.
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03.22.2021The Ninth Circuit Clarifies When California Law Applies to Employees With Remote WorkplacesUpdatesPrior case law established that California’s wage-and-hour laws apply to non-California residents when they perform work in the state of California. In Bernstein v. Virgin America, Inc., the Ninth Circuit addressed whether certain California wage-and-hour laws applied to employees who spent the majority of their working hours outside of California.
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03.22.2021While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break TimeUpdates
California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021 WL 728871 (Cal. 2021), analyzed whether an otherwise-permissible time rounding system could be used to account for break time, without violating the intent of California laws mandating complete meal periods of at least 30 minutes.
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01.20.2021California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex DecisionUpdatesOn January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc., holding that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 applies retroactively.
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11.04.2020California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as ContractorsUpdatesOn Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors.
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10.09.20202020 California Labor & Employment Legislative RoundupUpdatesCalifornia’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment.
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09.14.2020California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC TestUpdatesThe “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018), described here.
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02.18.2020California Supreme Court Requires Employers to Pay for Mandatory Exit SearchesUpdatesThe California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees.
Presentations
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09.15.2021
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03.03.2020Using Arbitration Agreements and Contractors in CaliforniaWebinarsJoin Perkins Coie’s California Labor & Employment attorneys for a webinar that will provide insight into the new laws governing arbitration agreements and contractors in California effective January 1, 2020.
Wage & Hour Developments
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California Labor Code Section 2810.5 Updated Notice
Effective January 1, 2024, AB 636 amends California Labor Code Section 2810.5 to require employers to provide employees with additional information at the time of hiring. This includes information about the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed—and that...
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California Governor Revives Industrial Welfare Commission
The California Industrial Welfare Commission (IWC) was established to regulate wages, hours, and working conditions in California. Importantly, the IWC adopted “wage orders,” which establish specific rules for various industries. California has not funded the IWC since 2004, and it has not been in operation. This is likely to change. California Governor Gavin Newsom signed...
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Cal-OSHA Approves Revised COVID-19 Workplace Rules
On June 3, 2021, California’s Occupational Safety & Healthy Standards Board approved significant revisions to the initial COVID-19-related Emergency Temporary Standards (ETS) originally implemented on November 19, 2020 (see Perkins Coie’s previous blog post here). The amended regulations can be found here and will likely become effective on June 15, 2021, pending review by the California Office of Administrative...
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California law generally requires that employers provide nonexempt employees an uninterrupted, nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021 WL 728871 (Cal. 2021) analyzed whether an otherwise-permissible time-rounding system could be used to account...
