ALERT: California’s Retirement Plan Requirements in 2023
By Adam Nathaniel Arce In California, employers who do not sponsor a qualified employee retirement plan are required to participate in the California run program known as CalSavers, which can be found at the following link: www.calsavers.com. There are certain upcoming deadlines relating to CalSavers that employers need to know to avoid incurring penalties. Does
Alert: Increased Federal Protections for Pregnant Workers
The Federal Government is implementing additional protections for pregnant workers through the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP For Nursing Mothers Act”). This is what employers need to know. PREGNANT WORKERS FAIRNESS ACT The PWFA, which went into effect on June 27, 2023, applies to
Alert: San Francisco Employer Annual Reporting Requirements: Health Case Security Ordinance and Fair Chance Ordinance
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,
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
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
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
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
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
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
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