ab5

Landmark Legislation AB 5 Codifies Dynamex

On September 18, 2019, Governor Gavin Newson signed California Assembly Bill 5 (AB 5) into law, and in his signing statement, declared AB 5 “landmark legislation for workers and our economy.”  AB 5 codifies last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, in which the Court…

WH

SB 1300 Expands Liability under the Fair Employment and Housing Act, Lowering the Burden of Proof to Establish Harassment Claims

SB 1300, a bill that emerged from the #MeToo movement, was signed into law by Governor Jerry Brown last fall and went into effect on January 1, 2019.  As part of the California legislature’s efforts to provide more comprehensive safeguards for employees in the workplace, SB 1300 amends California’s Fair Employment and Housing Act (FEHA)…

arbitration

A Recent California Court of Appeals Decision Should Remind Employees to be Wary of Signing Arbitration Agreements

Many employers ask new employees to sign a binding arbitration agreement, which requires an employee to give up their right to sue their employer in court for violations of employee rights.  In signing a binding arbitration agreement, employees instead agree to resolve any legal disputes through arbitration.  Employers typically prefer arbitration instead of court to…

MLK

Workplace Justice Advocates Commemorates 56 Years Since the Historic “I Have a Dream” Speech Which Prompted Federal Anti-Discrimination Legislation

August 28, 2019 marks the 56th year from Martin Luther King Jr.’s “I Have a Dream” speech during the March on Washington for Jobs and Freedom, a defining moment of the civil rights movement.  The march prompted the federal Civil Rights Act of 1964, a landmark civil rights and labor law in the U.S. that…

Court Decides Whistleblower Retaliation Claim May Proceed To Trial

California’s whistleblower statute, Section 1102.5 of the California Labor Code, is designed to protect whistleblowers from retaliation in the workplace.  Section 1102.5 prohibits retaliation against any employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, or to a manager in…

New California Law Bans Hairstyle Discrimination

On July 3, 2019, California became the first state to prohibit hairstyle discrimination in workplaces and schools. The law, known as the “CROWN Act,” expands California’s anti-discrimination statute—the Fair Employment and Housing Act—to explicitly protect African American hairstyles and textures. Under the CROWN Act, hairstyles such as braids, locks, and twists, are considered characteristics of…