All employers covered by San Francisco’s Health Care Security Ordinance and/or the Fair Chance Ordinance are required to submit a 2022 Employer Annual Reporting Form by May 1, 2023. The Health Care Security Ordinance (“HCSO”) applies to employers who have employees who work, either in person or remotely, within the geographic boundaries of San Francisco, and who have 20 or
Alert: What California Employers Need to Know About Mandatory Arbitration Agreements Following Chamber of Commerce v. Bonta
On February 15, 2023, the Ninth Circuit Court of Appeals issued its decision in Chamber of Commerce of the United States of America et al. v. Bonta et al. (9th Cir. No. 20-15291), which invalidates California Assembly Bill (AB) 51. This case is the latest development in the long-running litigation over whether California may prevent employers from requiring arbitration agreements
Alert: Pay Data Reporting, Pay Scales, and How SB 1162 Applies to Your Business
By Adam Nathaniel Arce The California State Senate passed Senate Bill 1162 (“SB 1162”), which modifies the CA Government Code and the CA Labor Code to create new requirements for Employers (large and small) to report, maintain, and/or post information relating to an employee’s pay and pay scales. Pay Data Reporting – Employers with 100 or more employees Government Code
ALERT: The Critical Importance Of Timely Paying Your Arbitration Fees Under The California Arbitration Act
By Connor M. Day Employers frequently require employees to sign arbitration agreements as a condition of their employment. In 1961, the California Legislature enacted the California Arbitration Act (“CAA”), codified in Code of Civil Procedure §§ 1280 – 1294.4, as a way to protect the rights of private parties to resolve their disputes through the “efficient, streamlined procedures” of arbitration.
Alert: An Employer’s Guide to Suitable Seating Compliance
By Julie Ann Giammona Most of California’s Industrial Welfare Commission (IWC) wage orders require that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” In 2016, for the first time, the California Supreme Court interpreted the IWC requirements to mean that employers must provide seats if any tasks at a
Alert: Remote Work, the Labor Code, and the Increased Costs of Reimbursement
By Adam Nathaniel Arce and Julie Ann Giammona Labor Code section 2802 requires employers to reimburse employees for “all necessary expenditures or losses incurred by the employee as a direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer[.]” In laypersons’ terms, this means that an employer must
ALERT: SENATE BILL 331: SILENCED NO MORE
By Julie Ann Giammona Commencing January 1, 2019, California employers were prevented from including provisions in severance agreements that prohibited an employee from disclosing facts about workplace harassment and discrimination based on gender. Effective January 1, 2022, Senate Bill 331(SB 331), expands such prohibition to include the disclosure of facts related to claims of harassment or discrimination on the basis
The Good, The Bad and The Ugly – Part 2: 2022 Employment Law Updates
Join us at Ferber Law’s Annual Employment Law Update. While the pandemic changed our personal and professional lives, there have also been significant changes in both federal and state law regarding COVID, supplemental paid sick leave, the California Family Rights Act, meal and rest break compensation, and 401k requirements as well as many others. It is critical for employees and
CALIFORNIA COVID SUPPLEMENTAL PAID SICK LEAVE TO BE REINSTATED
by Adam N. Arce and Julie Ann Giammona The California State Legislature is on the cusp of enacting a law that will revive COVID Supplemental Paid Sick Leave (“SPSL”). While this bill has not yet been signed into law, it will likely go into effect shortly, and will be retroactive to January 1, 2022. As currently drafted, the bill is
Employment and You in 2022: California Laws and Regulations You Need to Know
The labor and employment legal landscape has changed in 2021. The California legislature and Governor Newsom have enacted many new labor and employment statutes that are important for all California employers to know, impacting key areas such as employee leave, arbitration, and Private Attorneys General Act (“PAGA”) claims. Below is a short summary of 11 of the more important changes