Employment Laws

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Beginning January 1, 2020, California law (known as AB 51) makes it a criminal misdemeanor for employers to require arbitration as a condition of employment. The law specifically prohibits mandatory arbitration of claims under the California Fair Employment and Housing Act (such as for discrimination, harassment, and retaliation) and claims…

With Halloween just around the corner, many of us are preparing costumes, enjoying the fall chill in the air, and making plans for trick-or-treating.  But employers should be prepared for one “trick” announced by the federal Department of Labor a few weeks ago: on September 24, 2019, the federal Department…

On September 18, 2019, California Governor Gavin Newsom signed into effect the much-anticipated AB-5 Bill, which imposes heightened standards when assessing whether to classify workers as independent contractors rather than employees. AB-5 will drastically affect California employers with workforces heavily reliant on independent contractors by forcing them to re-classify…

On September 12, 2019, the California Supreme Court ruled that an aggrieved employee bringing a representative action under California’s Private Attorneys General Act (PAGA) cannot recover unpaid wages. In ZB N.A. v. Superior Court, the plaintiff, Kalethia Lawson, brought a lawsuit alleging a sole cause of action under PAGA.…

As of July 2019, the Washington Supreme Court has ruled that obesity is considered a disability protected under the Washington Law Against Discrimination (“WLAD”). The landmark ruling makes it illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.

The…

For the first time in many years, there seems to be momentum in Washington D.C. for the adoption of a national paid sick leave policy.  Currently, nine states and at least 10 localities have paid sick leave laws.  Paid sick leave is common throughout Europe, in many South American countries,…