Special Alerts

• Jul 23
  Special Alert: California Supreme Court Issues New Decision on the Enforceability of Arbitration Agreements

  On July 15, 2024, the California Supreme Court issued its decision in Ramirez v. Charter Communications, Inc., clarifying California law on the enforceability of several common arbitration provisions and the standards by which courts must review arbitration agreements. The decision is a helpful reminder for employers to work with experienced employment counsel to regularly review and update existing arbitration agreements.

• Jul 2
  Special Alert: PAGA 2.0 – Recent Amendment Brings Welcome Changes to California’s Private Attorneys General Act

  As California employers know too well, the Private Attorneys General Act of 2004 (PAGA) allows employees to sue their employers on behalf of the State of California to collect civil penalties for Labor Code violations. Although PAGA was designed to alleviate the burden of overworked governmental agencies who oversaw California's Labor Code compliance, PAGA has been subject to abuse in recent years by unscrupulous plaintiffs’ attorneys.

• May 14
  Special Alert: New Salary Threshold for Federal Overtime Exemption, Ban on Non-Compete Agreements, and Harassment Guidance

  In the past few weeks, federal agencies have announced several new rules, regulations, and guidelines that will impact employers nationwide, including in California. WTK summarized the new regulations regarding the Pregnant Workers Fairness Act last week – you can read our full alert here. Today, we will provide key information about three additional new developments.

• May 9
  Special Alert: Federal Pregnant Workers Fairness Act Regulations Clarify New Obligations for Employers (Including in California)

  The U.S. Equal Employment Opportunity Commission (“EEOC”) published its final regulations implementing the federal Pregnant Workers Fairness Act (“PWFA”). These regulations go into effect on June 18, 2024, and the EEOC assembled summary materials explaining the PWFA and its regulations, which can be found here. Employers would be well-served to use the time before the regulations go into effect to familiarize themselves with PWFA and its regulations, how they create additional layers of legal compliance for certain qualified individuals who need an accommodation, and how the PWFA differs from existing law.

• Mar 27
  Special Alert: California Supreme Court Issues New Decision on Compensability of Time Involving Employer Mandated Security Checks, Travel Time, and Unpaid Meal Periods

  As employers in California know quite well, wage and hour law is complex and ever-evolving. One recent area of focus is whether the time employees spend undergoing employer mandated security checks is compensable. On March 25, 2024, the California Supreme Court weighed in on this topic in Huerta v. CSI Electrical Contractors. Additionally, the Court addressed compensability of time spent traveling on company property between a security gate and the work site and compensability of meal periods when employees are prevented from leaving the premises.

• Mar 7
  Special Alert: CalOSHA Issues Violence Prevention Model Plan

  Last year, Governor Newsom signed Senate Bill 553, which requires almost all California employers to establish, implement, and maintain an effective workplace violence prevention plan. Employers are also required to keep a violent incident log, train employees on the workplace violence prevention plan, and keep records of workplace violence hazard identification, evaluation and correction. Employers must comply with these requirements by July 1, 2024.

• Jan 31
  Special Alert: Trial Courts Cannot Dismiss PAGA Claims on Manageability Grounds

  On January 18, 2024, the California Supreme Court issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., to resolve a split in authority as to whether trial courts have inherent authority to strike California Private Attorneys General Act (PAGA) claims on manageability grounds.

• Jan 17
  Special Alert: New Federal Standard for Independent Contractors and 2024 Compliance Reminders

  New Federal Standard for Independent Contractors

  The federal Department of Labor (DOL) published a new rule last week with a test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), which sets standards for the minimum wage, overtime, and recordkeeping under federal law. The FLSA only applies to “employees” – it does not apply to “independent contractors.” Independent contractors are not subject to the minimum wage, overtime, or other employment benefits, but misclassification of workers as independent contractors can expose employers to significant penalties. Therefore, it is important for employers across the country to understand the new DOL test for independent contractor status.