California’s Department of Fair Employment and Housing Approves New Regulations to Protect Transgender Employees

California’s Department of Fair Employment and Housing (DFEH) has approved new regulations that expand the protections available for people who identify as transgender. The regulations also expand protections for gender identity and gender expression.

California Employers Should Reevaluate Their Criminal Background Check Practices before July 1, 2017

The Department of Fair Employment and Housing (DFEH) finalized new regulations limiting the ability of employers to consider criminal history when making employment decisions.

California Employees Paid Solely on Commission Basis Must Receive Compensation for Rest Breaks

The California Court of Appeals has ruled that employees who are paid solely on a commission basis must receive separate compensation for rest breaks. What this means is that even if commission employees are paid advances or draws against future commissions, they must still be paid separate compensation for rest periods and non-productive time.

San Jose Scheduling Ordinance Takes Effect

As of March 13, 2017, certain San Jose, California employers must offer additional work hours to existing qualified employees before hiring new employees, subcontractors, or temporary staffing and must prominently post a notice informing employees of their rights under the Opportunity to Work Ordinance (Ordinance).

California Employers Must Comply with the State’s Workplace Violence Prevention in Health Care Rule

California is the first state in the nation to propose and enact standards specifically aimed at protecting health care workers against workplace violence. Under the rules, all California employers operating health care facilities, home health care programs, drug treatment programs, emergency medical services, and outpatient medical services for correctional and detention settings must: (1) establish, implement, and maintain an effective workplace violence prevention plan; (2) provide training to address workplace violence risks that employees are reasonably anticipated to encounter in their jobs; (3) report violent incidents to the Division of California Health and Safety (Cal/OSHA) within specified timeframes; and (4) comply with increased recordkeeping requirements.

Background Checks Toolkit Updated for Los Angeles Ordinance

Los Angeles is the latest in a growing list of jurisdictions to adopt an ordinance restricting employers from asking a job applicant about his or her criminal history during the application process. Please review the state law summary section of our Background Checks Toolkit for more information.

The California Supreme Court Says Employees on Rest Breaks Must Be Completely Off Duty

In a 5-2 opinion, the majority of the California Supreme Court ruled, in the matter of Augustus, et al. v. ABM Security Services, Inc., that California law requires that employees on a rest break be completely off duty. They must be “relieve[d] . . . of all work-related duties and employer control during 10-minute rest periods.” In other words, “A rest period, in short, must be a period of rest.”

Seven States Pass New Marijuana Laws on Election Day

Seven (7) states have joined the growing list of states legalizing the use of marijuana for medicinal and/or recreational purposes. Arkansas, California, Florida, Maine, Massachusetts, Nevada, and North Dakota passed new marijuana laws on election day, bringing the total states (plus the District of Columbia) with medical marijuana laws to 28 and the total states (plus the District of Columbia) with recreational marijuana laws to eight (8).

Arizona, California, Washington and Vermont

Our sick leave toolkit, which includes Frequently Asked Questions (FAQs) and model sick leave policies for jurisdictions with sick leave laws, has been updated.

California Employers Required to Provide Reasonable Accommodations to Those Associated with Disabled Individuals

The California Supreme Court has denied review of a lower court ruling finding that employers have a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance.

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