After years of attempts by employer groups to repeal or make common sense changes to PAGA (Private Attorneys General Act) laws, on July 1, Governor Newsom signed Assembly Bill 2288 and Senate Bill 92 which reflect significant reforms to the Labor Code Private Attorneys General Act of 2004.  The new changes to PAGA give employers a lifeline when it comes to wage and hour exposure by implementing new changes to the law that give employers the ability to avoid and reduce potential exposure under PAGA.  The following sets forth the key changes in the law. 1. What is PAGA (Private... READ MORE

Starting July 1, 2024, California employers must comply with the following changes in the law impacting their employees: 1. Most Employers Must Implement a Workplace Violence Prevention Plan As previously explained in last month’s newsletter, California requires employers, with few exceptions, to implement a Workplace Violence Prevention Plan (WVPP) by July 1, 2024.  Details of the WVPP and how to comply with the new requirements can be reviewed by clicking here.  Should your company need assistance in creating a WVPP, Chase Law Group can assist you. Contact us to get started. 2. Changes in the Division of Workers Compensation New... READ MORE

With summer fast approaching, it’s a good time to review and update company vacation and personal time off (PTO) policies to ensure compliance with California law. The following is a brief discussion of the laws that apply to vacation and PTO in California. Vacation versus PTO Policy As a preliminary matter, employers are not required to have a vacation or PTO policy. However, once they do have such a policy, employers must comply with applicable California requirements. There are two approaches when it comes to providing paid time off to employees. Some employers elect to provide a stand-alone vacation policy... READ MORE

Virtually every company has developed product details, such as recipes or processes of manufacturing, or even customer purchasing information that it wants to protect from disclosure to competitors and the public.  To protect this critical data, which would be considered trade secrets or confidential information, depending on the nature of the information,  companies must take key steps to ensure it is not taken by employees whether intentionally or inadvertently. A Non-Disclosure Agreement (NDA) also referred to as a Confidential Information and Inventions Agreement, is an effective and necessary tool which both notifies employees of what the company considers its trade... READ MORE

Last year California passed SB 553, which is now Labor Code Section 6410.9, a first in the nation law requiring employers to implement a Workplace Violence Prevention Plan (“WVPP”).  The new law mandates that employers create and implement a WVPP no later than July 1, 2024.  The WVPP must comply with key requirements of the new law, which will be enforced by Cal/OSHA, who may issue citations and penalties for violations. Section 6401.9 applies to all California employers, with the following exceptions: Employers who are already covered by the Workplace Violence Prevention in Healthcare standard (or employers that already comply... READ MORE

When employers interview job candidates, they appropriately focus on questions that will obtain information they need to hire the right person. However, they must also be sure that they do not ask questions that are prohibited under California law and that can potentially lead to lawsuits including those for discrimination. California employers with five or more employees are covered by the California Fair Employment & Housing Act (FEHA) which prohibits discrimination based upon age, ancestry, color marital status, medical condition, national origin, physical disability, religion, sex or sexual orientation, and military status. (Employers with fewer than five employees should also... READ MORE

Time to Revisit Your Arbitration Agreement: Courts Issue Significant Decisions Regarding Arbitration Agreements In a significant decision for employers, in January 2024 a federal court in the case of Chamber of Commerce of the USA et al. v. Becerra, et. al. issued a permanent injunction barring California from enforcing Assembly Bill 51 which forbid employers from requiring arbitration agreements as a condition of employment.  The recent decision ends a recent period of time of uncertainty as the case went through the appeals courts, and only voluntary arbitration agreements could be entered into with employees. Based upon the decision, California employers... READ MORE

This year the California legislature and Governor Newsom enacted several new employment laws taking effect January 1, 2024.  Here are the key changes you must be aware of for the new year. Increase in Paid Sick Leave Effective January 1, 2024, California employers of all sizes must provide 5 days (40 hours) of paid sick leave each year to employees.  This is an increase from 3 days that is the current requirement.  The new law continues to allow employers to either provide the paid sick leave on an accrual basis or via frontloading the leave at the beginning of each... READ MORE

In recently passing two separate bills, Assembly Bill 1076 and Senate Bill 699, California has further strengthened its prohibition on non-compete agreements between employers and employees. California’s existing law, Business & Professions Code section 16600 already established that such agreements are void with very limited exceptions. However, the legislature remained concerned that some employers were still using non-compete agreements with employees as a deterrent. Therefore, California enacted Business & Professions Code section 16600.5 which effective January 1, 2024 will make it unlawful for an employer to even enter into a non-compete agreement with their employees. Employers who violate the new... READ MORE

Effective January 1, 2024, California will require all employers to increase the amount of paid sick leave to their employees from the current requirement of 3 days to the new requirement of 5 days per year. The new law, SB616, signed by Governor Newsome on October 4, applies to all employers regardless of size. Note that certain municipalities provide greater paid sick leave, such as the City of Los Angeles. Employers that fall under those municipalities’ laws must provide the greater amount of paid sick leave and also comply with the requirements set forth below. The new law increases the... READ MORE