Wilson Turner Kosmo has been ranked as a top law firm with under 100 attorneys in Law360 Pulse's annual Women in Law Report which ranks firms based on their percentage of female attorneys and the percentage of female equity partners. With 70% of our attorney workforce and 65% of our partners being female, this includes all levels of representation, from associate to equity partners.

Wilson Turner Kosmo, the largest certified women-owned law firm in San Diego, celebrates 13 partners being listed in The Best Lawyers in America® 2023 edition. For over 40 years, Best Lawyers has selected attorneys for inclusion based entirely on peer review by colleagues within the same geographical area and legal practice area.

The 2022 California legislative session was a productive year with the Governor signing 997 bills into law and vetoing 169, of which 90 employment bills were signed while 27 were vetoed. Workplaces will experience notable changes in the new year—including leave, pay, and retaliation—noteworthy legislation discussed here.

SAN DIEGO (Jan. 3, 2023) – The San Diego-based law firm Wilson Turner Kosmo, one the largest certified women-owned firms in California, has elevated two leading business litigators to partner. Effective Jan. 1, Rita M. Leong and Elizabeth Chiba Rein stepped into their leadership roles.

In a case of first impression, the federal Ninth Circuit Court of Appeals held that a furlough or temporary layoff without a specified return-to-work date within the same pay period constitutes a “discharge” under California law, activating the employer’s duty to immediately pay all wages earned, including vested vacation time. Employers who may be affected by such open-ended shutdowns – whether because of a potential upcoming government shutdown or another round of COVID-19 surges – should especially take note of this decision.

On August 21, 2023, the California Supreme Court clarified the meaning of the term "employer" in California's Fair Employment and Housing Act (“FEHA”) as it relates to business-entity agents. In Raines v. U.S. Healthworks Medical Group, the Court answered a certified question from the United States Court of Appeals for the Ninth Circuit and held that business-entity agents with at least five employees who carry out FEHA-regulated activities on behalf of an employer fall within the definition of “employer” and can be held directly liable for employment discrimination claims in appropriate circumstances.

On July 21, the Department of Homeland Security issued new I-9 flexibilities that will alleviate the need for employers who use E-Verify to conduct physical I-9 document inspections going forward, and to conduct physical re-inspections of documents examined remotely during the COVID flexibilities by the August 30 deadline. See our earlier alert for more information on the reinspection requirement.

On July 17, 2023, California’s Supreme Court unanimously held that employees who sign arbitration agreements governed by the Federal Arbitration Act (FAA) with representative action waivers still may have standing under the California Private Attorneys General Act (PAGA) to pursue claims in court on behalf of other allegedly “aggrieved” employees. In Adolph v. Uber Technologies, Inc., the state’s highest court said the United States Supreme Court got it wrong in the much-hyped Viking River Cruises v. Moriana decision last summer with respect to standing (or the legal right to bring a lawsuit) under California law. The Adolph decision issued yesterday may significantly impact employers who have arbitration agreements in place and others who are considering rolling them out. The decision also will likely reverberate in courts throughout California, where uncertainty around PAGA standing has held up litigation in court and/or arbitration for years.

On July 6, 2023, the California Supreme Court clarified the scope of employer liability for negligence claims related to Covid-19 infections of employee household members. In Kuciemba v. Victory Woodworks, Inc., the Court answered two certified questions from the United States Court of Appeals for the Ninth Circuit and held, first, that the exclusivity provisions of the California Workers’ Compensation Act (“WCA”) do not bar a household member’s negligence claim for derivative infection. However, the Court went on to hold that, as a matter of tort law and based on public policy principles, employers do not owe a duty of care to employees’ household members to protect them against Covid-19.

As expected, the California Legislature was quite active following the return from summer recess in August 2023, and leading up to the September 14^th end of session. Indeed, the Legislature passed several bills that were signed into law, including a law (SB 699) extending California’s already robust prohibitions on covenants not to complete in the employment context. These new laws all take effect on January 1, 2024 and are discussed below.

Not surprisingly, the Legislature also passed a number of significant employment bill that have been presented to Governor Gavin Newsom for signature or veto by October 14, 2023. We have identified the “Top Twelve” proposed employment law changes that could have the most significant impact on California employers.

Before departing for summer recess, the California Legislature continued to amend and vote on pending bills, thus providing further clarity regarding the bills likely to be enacted into law. Not surprisingly, many significant employment bills continue to move forward and have shown they have the votes to overcome all prior legislative hurdles to this point.

We have identified the “Top Ten” proposed employment law changes that – if enacted– would have the most significant impact on California employers.

Like the approaching summer weather, the 2023-2024 Legislative Session in Sacramento is heating up, particularly with the expiration of the crucial June 2^nd deadline for bills to pass their chamber of origin. As expected, many significant employment bills overcame this key hurdle, although several additional bills stalled, further winnowing the overall number of employment bills moving forward and providing further insights regarding the relative strengths and weaknesses of these bills.

We have identified the “Top Ten” proposed employment law changes that – if enacted– would have the most significant impact on California employers.

While “April showers bring May flowers,” in Sacramento “April votes bring May clarity” regarding the 2023 Legislative session. Specifically, the expiration of the key April deadline for substantive committee votes culled out many pending bills while also indicating which bills have the initial support to move forward. As expected, a significant number of employment bills overcame this initial hurdle, and a number of bills experienced significant amendments in doing so.

We have identified the “Top Ten” proposed employment law changes that – if enacted– would have the most significant impact on California employers.

The 2023 Legislative session continues to proceed with a record number of bills pending in the California Assembly and Senate, including a significant number of employment bills. The next important date in the legislative process is April 28^th. This is the deadline for bills to pass the crucial first substantive committee votes. Soon after that deadline, we should have additional clarity regarding the key bills likely to continue moving forward. Some bills will fail to proceed, thus culling the overall number of bills. We expect many other bills will be materially amended.

We have identified the “Top Ten” proposed employment law changes that – if enacted – would have the most significant impact on California employers.