A Dozen Major Employment Law Bills Wind Through the California Legislature

The California State Senate and Assembly have been busy this year, moving a number of employment law bills through the legislative process. May 31, 2019, was the deadline for either the assembly or the senate to pass a bill and send it to the other house. A few employment-related bills failed to advance, but there are still a dozen major bills marching forward.

Please Release Me: New California Civil Code Section 1542 Release Language Effective January 1, 2019

Given the litigious environment in California, employers operating in the state are in great need of enforceable general release terms in severance and settlement agreements. California employers entering into severance or settlement agreements will want to be aware of the amendment to California Civil Code Section 1542.

Governor Brown Signs Final Round of Employment-Related Legislation

Once again, Governor Jerry Brown ends the legislative year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s last year to do so, and next year we will report about the employment-related legislation that the new governor (whoever that is) undoubtedly will have signed.

New California Law Mandates Small Businesses Provide Parental Leave

On October 12, 2017, Governor Jerry Brown signed the New Parent Leave Act into law, extending unpaid leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement to employees of businesses with as few as 20 employees. Commenting on Senate bill (SB) 63, Governor Brown stated, “today’s actions will make a positive difference for women, children and families across the state.”

California Legislative Update: Several Labor and Employment Bills Passed in the Assembly

Several California labor and employment law bills passed in the state assembly or senate before the June 2, 2017, legislative deadline. The legislature now has until September 15, 2017, to pass these bills in the second house. Thereafter, the governor will have until October 15, 2017, to sign or veto any bills that pass in both houses.

California Paid Sick Leave Update: Employer Attendance Policies May Interfere With Labor Code Rights

Many employers enforce attendance policies which assign an “occurrence” for unscheduled, unapproved absences. Although employers generally have discretion to implement attendance policies, such policies should be carefully crafted to avoid running afoul of antidiscrimination and antiretaliation provisions found in certain state and local paid sick leave laws.

California Legislative Update: 2017–18 Session Sees Several Employment-Related Bills

The California legislature is off to a quick start with a large number of labor and employment law proposals. Currently, 71 bills propose to amend the California Labor Code, and several additional bills seek to modify antidiscrimination laws. Democrats not only control both the California State Senate and Assembly, but gained a supermajority with the power to override a gubernatorial veto in the last election. Party leaders have pledged to fight and counteract any changes in policy on the federal level. It seems that the time is ripe for a progressive labor agenda.

Ninth Circuit Approves Neutral Time Clock Rounding Practice

Time clock rounding is a longstanding employer practice whereby employers round employee starting and stopping times to the nearest five minutes, or to the nearest one-tenth or quarter of an hour. Is the practice legal? For over 50 years, a federal regulation has authorized the practice, but until recently, no federal appellate court had endorsed the practice.

San Diego City Council Amends Local Sick Pay Law

On July 26, the San Diego City Council ratified a minimum wage and sick pay ordinance approved by voters on June 7. Effective as of July 11, the ordinance imposes a citywide minimum wage rate and also obligates businesses to provide sick pay benefits to employees. As amended, the ordinance will allow employers to front load an annual sick pay allotment and also place a cap on accrual.

Governor Brown Signs California’s $15 Minimum Wage Bill

On April 4, 2016, Governor Brown—as expected—signed a bill to raise the state minimum wage rate to $15.00 per hour by 2022. The new law will increase the minimum wage for large and small businesses according to two schedules. It will also have the effect of increasing the minimum exempt salary requirement for exempt California employees.