On July 17, 2023, the California Supreme Court issued a ruling in Adolf v. Uber. The court ruled that if the lead Plaintiff signed an arbitration agreement, that Plaintiff must first arbitrate their claims individually. In the meantime, the court has discretion to put the class action on hold until the arbitrator makes a decision….

Effective June 27, 2023, employers with 15 or more employees must comply with the federal Pregnant Workers Fairness Act by providing pregnancy-related accommodations to employees and applicants. Pregnancy-Related Accommodations: Under the PWFA, employees are entitled to accommodations for conditions related to or affected by pregnancy, childbirth, or related medical conditions, both physical and mental. These…

The 9th Circuit Court of Appeals blocked Assembly Bill 51 (AB 51), which would have banned mandatory arbitration agreements in the workplace.   Key Points of the Ruling: 1. AB 51 has been blocked in its entirety: The 9th Circuit found that all of AB51’s provisions work together, and declined to sever certain parts and uphold…

Effective: February 3, 2023, OSHA requires the following from ALL Employers for the next two years. Recordkeeping requirements will remain in effect for three years. Employers must provide face coverings and ensure they are worn by employees. HOWEVER, most counties and hotels in California have a low COVID-19 community level, which means employees wearing a mask is…

Statewide Minimum Wage California’s minimum wage for all employers regardless of size will increase to $15.50 per hour. This is a change from the increase that was previously scheduled because of a provision in the law that is triggered when inflation is above 7%. Exempt Employee Minimum Salaries and Wages The minimum salary threshold for…

Effective January 1, 2023, Senate Bill 1162 requires California employers to include pay scale information on job postings and report certain pay data. Employers are still prohibited from asking applicants about their pay history including compensation and benefits. For All Employers:  If an applicant requests the pay scale for a position, you must provide it….

California implemented a new mandatory law requiring all companies with more than five employees to offer a retirement plan to their workers by June 30, 2022. Companies that don’t will be required to enroll in CalSavers, the state-sponsored individual retirement account (IRA). Participating employees would elect an amount to save as part of their payroll deductions. Business…

The Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act (“PAGA”) can be compelled to arbitrate. Background: PAGA permits an employee to sue their employer for Labor Code violations on behalf of the State of California and share in the recovery. Moriana, an employee of Viking River Cruises, signed…

There are two primary purposes of the I-9 Employment Eligibility Verification Form. 1) To verify the identity of an employee and 2) to verify their eligibility to be employed. During COVID, the Department of Homeland Security allowed employers to use expired List B identity documents for I-9 purposes. However, as of May 1, 2022, employers…

The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…