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November Updates

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This HR Alert addresses the following topics:
  1. Ninth Circuit: USERRA Does Not Prohibit Mandatory Arbitration
  2. Eleventh Circuit: Applicants Cannot Sue for Disparate Impact Under Specific ADEA Statute
  3. California: Cal/OSHA to Develop Indoor Heat Illness Standard
  4. California: Monetary Value of Accrued Vacation not Needed on Wage Statements
  5. California: (More) Amendments to the Fair Pay Act – Prior Salary Not Valid Justification

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California: Equal Pay Obligations Expanded to Cover Race and Ethnicity

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January 1, 2017

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California employers struggled this year to fully wrap their arms around the Fair Pay Act, which requires businesses to pay the same wage to employees of different genders who perform substantially similar work. Governor Brown has now signed the Wage and Equality Act of 2016 (the “Act”) into law, which adds workers of differing race or ethnicity as having the same protections similarly present under the Fair Pay Act.

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California: Overtime Pay Regulations Expanded for Agricultural Employees

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All Employers with California Employees in Agricultural Industries

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On September 12, 2016, Governor Brown signed AB 1066, a bill that will significantly expand overtime rights for California employees in the agricultural industry.  Currently, agricultural employees do not earn overtime until they complete over 10 hours of work in one day.  Beginning January 1, 2019, AB 1066 will lower the 10-hour threshold for overtime rates by a half-hour each year, reaching alignment with the standard eight-hour workday by 2022. The bill also phases in a 40-hour standard workweek. Further, as of January 1, 2022, any agricultural employee working in excess of 12 hours in one day must be compensated at a rate of twice their regular pay.

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California: Governor Bans the Box on Juvenile Criminal History Inquiries

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January 1, 2017

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On September 27, 2016, Governor Brown signed AB 1843, which will prohibit California employers from (1) requesting or seeking out any information regarding an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to juvenile court law, and (2) using juvenile criminal history as a factor in determining conditions of employment, such as hiring, promoting, or terminating employment.

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October Updates

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This HR Alert addresses the following topics:
  1. New Process Speeds up Federal Whistleblower Complaints in the West
  2. EEOC Issues Guidance on Retaliation and Related Issues
  3. Eighth Circuit: Extension on FMLA Leave is not a Reasonable ADA Accommodation
  4. California: Court of Appeals Comments Again on “Associational” Disability Discrimination
  5. California: Continuing to Lead the Nation in Inclusive Restroom Laws
  6. California: Vehicle Code Amended to Re-Address Electronic Devices While Driving
  7. Berkeley, CA: Minimum Wage Increased October 1, 2016
  8. Morristown, NJ: Paid Sick Time Law Passed (and then Delayed)

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Ninth Circuit: Mandatory Class Action Waivers in Arbitration Agreements Are “Illegal”

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 Employers with Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon and Washington Employees

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August 22, 2016

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The Ninth Circuit has stated that use of mandatory class action waivers in arbitration agreements are prohibited, becoming the second federal circuit court to strike down such agreements.  In short, employers in the states covered by the Ninth Circuit cannot require employees to sign an agreement giving up their right to class action/collective claims as a condition of employment.

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September Updates

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This HR Alert addresses the following topics:
  1. Prior Use of an Invalid Social Security Number Leads to Million Dollar Verdict
  2. 2016 EEO-1 Filing is Due September 30
  3. Ninth Circuit: New Remedy Available for Public Employees Making Age Discrimination Claim
  4. California: Employees/Volunteers at Day Care Centers Now Required to be Immunized
  5. San Diego, California: REMINDER – Amendments to Paid Sick Leave Are In Effect
  6. San Mateo, California: Minimum Wage Increases on January 1, 2017
  7. Colorado: Pregnant Workers Fairness Act Poster Now Available
  8. Illinois: Non-Compete Agreements for “Low-Wage Employees” are “Illegal and Void” in 2017
  9. Louisiana: New Poster for Hospitality Employers Required August 1, 2016
  10. New Orleans, LA: City Contractors Prohibited From Conducting Credit Checks
  11. Nevada: Overly Broad Non-Compete Agreements are Wholly Unenforceable
  12. Cleveland, Ohio: Transgender Individuals Must Have Access to Facilities Consistent with their Gender Identity

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Recent California Bills Signed into Law

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On July 22, 2016, Governor Brown signed a number of bills into law.  The bills become effective January 1, 2017, unless otherwise noted.  Key provisions from each bill are summarized below:

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California Employers Must Accommodate Non-Disabled Employees Who are Associated with Disabled Individuals

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April 4, 2016

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A California Court of Appeals recently stated that employers are required to provide reasonable accommodations to individuals who are associated with a disabled individual.  In other words, reasonable accommodations must be provided not only to those who are themselves disabled, but the disabled individuals who are associated with applicants or employees.

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UPDATE: San Diego’s Paid Sick Leave, Amended

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All Employers with San Diego, CA Employees

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September 2, 2016

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The City of San Diego finally certified the Minimum Wage and Sick Leave Ordinance (“Ordinance”) voters passed in June.  Though the Ordinance went into effect on July 11, 2016, there are additional pending amendments to the bill that will require a second reading before becoming effective.  The amendments are expected to become effective after the second reading, 30 days after the original Ordinance’s effective date.

The amendments cover several key areas employers had raised concerns about.

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