By Ashton A. Farr, Esq. California’s infamous Private Attorneys General Act (“PAGA”) started from a novel idea: incentivize private citizens to file private lawsuits to enforce California Labor Code violations on behalf of California’s Labor and Workforce Development Agency (“LWDA”), because the LWDA lacked the resources to pursue the violations on its own. Under PAGA,…
By Pauline L. Duong, Esq. The increasing popularity of cannabis in California has important implications for California employers and employees including those in the construction industry where on-the-job drug impairment could lead to safety issues. Importantly, it remains legal, under certain circumstances, to drug test employees and enforce zero-tolerance policies. Indeed, some trade associations like…
As 2024 begins, California employers face a variety of new policies and laws that may impact their businesses. The most recent session of the California Legislature resulted in new laws with which California employers must comply in 2024. State and federal courts and federal administrative agencies have also issued decisions that impact California employers. We…
By Evan K. McNally, Esq. On October 8, 2023, Senate Bill 497 (“SB 497”) was signed into law by Governor Gavin Newsom. The bill, also known as the Equal Pay and Anti-Retaliation Protection Act, amends the California Labor Code and makes it less difficult for employees to establish retaliation. SB 497 will go into effect…
By Marie Hulen, Esq. California business owners should be aware that as of October 1, 2023, new regulations are in effect regarding the use of criminal history information when making employment decisions. Though many rules already exist restricting the consideration of criminal history before this update, these are brand new rules. California employers should…
By Jake Keller In July, the California Supreme Court decided a long-awaited case involving Uber in a way that will present new challenges for employers. The case involves yet another issue related to application of California’s Private Attorney General Act, which gives rise to problematic “PAGA” claims. PAGA claims have similarities to class actions in…
