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December 31, 2019

Federal Judge Blocks Implementation of Controversial California Arbitration Law Scheduled to Go Into effect January 1 st

A late Christmas gift for California employers arrived on December 30, 2019, when U.S. District Judge Kimberly Mueller granted a temporary restraining order against one of Governor Newsom’s most controversial new laws (AB 51) which forbids California employers from entering into arbitration agreements with most employees.

December 19, 2019

EEOC Retracts 1997 Policy Statement

On December 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment. The Policy Statement took the position that forced arbitration clashed with workers’ civil rights and the public interest in eradicating discrimination.

November 12, 2019

Legislative Update

Governor Newson signed a slew of employment related bills over the last few weeks. In this issue of Compliance Matters we provide a brief summary on many of them. In the coming weeks we will be dedicating several issues of Compliance Matters to provide more detail and clarity on some of the more complex and relevant laws.

November 1, 2019

Is Your Organization Subject to the Vietnam Era Veterans’ Readjustment Assistance Act?

Last of a Three Part Series for Federal Government Contractors – Just in time for Veteran’s Day, in this final installment of the series on AFFIRMATIVE ACTION COMPLIANCE David Harvey provides an overview of the affirmative action requirements as they relate to the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), as amended by the Jobs for Veterans Act of 2002.

October 28, 2019

Is Your Organization Subject to Section 503 of the Rehabilitation Act?

Second of a Three Part Series for Federal Government Contractors – David Harvey provides an overview of Section 503 of the Rehabilitation Act (Individuals with Disabilities) affirmative action compliance requirements generally and when an employer must take the additional step to develop a written Section 503 Affirmative Action Plan.

October 21, 2019

Court Clarifies Contours of Dynamex

As we reported in 2018, the California Supreme Court in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), adopted a three-part “ABC” test to determine if a worker is to be classified as an employee or independent contractor. Under the ABC test, a worker is presumptively an employee, and the hiring entity bears the burden to show otherwise.

October 1, 2019

California Delays and Clarifies Rules Regarding Mandatory Sexual Harassment Training Requirements

Sexual harassment training plays a huge role in the workplace. Since 2005, employers with at least 50 employees have been required to provide interactive training to their supervisory employees. One year ago, the State of California enacted another law that presented stricter training requirements for employers but also created some confusion as to when compliance must occur.

September 24, 2019

California Enacts Landmark Law Changing the Face of the Gig Economy and an Employer’s Use of Independent Contractors

On September 18, California Governor Gavin Newsom signed into law Assembly Bill (“AB 5”). The new law codifies into law last years blockbuster California Supreme Court’s Dynamex decision which made it extremely difficult for employers to classify a worker as an independent contractor.

September 4, 2019

Affirmative Action Compliance – A Three Part Series for Federal Government Contractors

Affirmative Action Compliance can be a difficult subject for business owners and human resource executives. In this first article of the series, David provides an overview of Executive Order 11246 affirmative action compliance requirements generally and when an employer must take the additional step to develop a written Affirmative Action Plan.

September 3, 2019

Petaluma and Sonoma Accelerate California’s Minimum Wage Rate Schedule

The local minimum wage ordinance trend continues to heat up as two Bay Area cities approved to accelerate the minimum wage rates currently set forth in California’s minimum wage schedule by adopting their own local minimum wage ordinances last month…

August 15, 2019

Court Provides Clarification to California Employers Regarding “On Duty” Meal Periods

In California, employers must provide employees with a thirty-minute, uninterrupted off-duty meal period whenever an employee works more than five (5) hours. However, there are certain jobs that can qualify for an “on duty” meal period. An “on duty” meal period is permitted…

August 7, 2019

Dynamex’s “ABC Test” for Independent Contractors May Not Apply Retroactively

In an unexpected turn of events, the Ninth Circuit U.S. Court of Appeals recently vacated its decision in Vazquez v. Jan-Pro Franchising International. As previously reported, the Ninth Circuit held in Vasquez that the California Supreme Court’s landmark decision created a new independent contractor test applies retroactively.

July 25, 2019

Hair Discrimination – California Is the First State to Ban

Earlier this month, a California measure known as the CROWN Act — an acronym for “Create a Respectful and Open Workplace for Natural Hair” — was signed into law by Gov. Gavin Newsom. This new law aims to protect against discrimination of employees and students based upon their natural hairstyle.

July 18, 2019

Important New NLRB Ruling Has Limited Benefit for CA Employers

On June 14, 2019, the National Labor Relations Board issued a landmark decision that gives employers more leeway to exclude nonemployee union representatives from areas of the company’s private property that are generally open to the public. However, employers in states like California may not be able to enjoy all the benefits of the Board’s decision….

July 2, 2019

Minimum Wage Rates Increase in Los Angeles and Several California Cities on July 1, 2019

This summer, the temperature will not be the only number rising in Los Angeles and several other California cities. Effective July 1, 2019, several California counties and municipalities are hiking the minimum wage.

May 13, 2019

Proposed Federal “Be HEARD” Act Seeks to Expand Federal Workplace Harassment Law

While much of the media’s discussion of the #MeToo movement has focused on high profile industries like entertainment, media, and politics, a bill recently introduced in Congress is designed to ensure that most ordinary workers will benefit from imposing stricter anti-harassment protections.

May 09, 2019

Employers Must Turn Over “Component 2” Pay Data to EEOC by September 30, 2019

Recently, we wrote about the new “Component 2” section of a revised EEO-1 form that was reinstated on March 4, 2019 as a result of a recent court ruling. Component 2 now requires employers to provide a report to the EEOC on the annual wages earned and hours worked by employees of each gender, race and ethnic background. .

May 08, 2019

Ninth Circuit Rules that “ABC Test” for Independent Contractor Status Applies Retroactively and Should Be Liberally Applied

One year ago this month, the California Supreme Court issued its landmark Dynamex ruling, which makes it far more difficult to prove that a worker may be legally treated as an independent contractor under California’s Wage Orders [ link ]. One major remaining question has been whether Dynamex will be applied “retroactively” to lawsuits that were brought before Dynamex was decided.

May 06, 2019

U.S. Supreme Court Makes it Easier for Employers to Avoid Class Arbitration

The United States Supreme Court has repeatedly upheld arbitration agreements which include waivers of the right to pursue class action remedies in court. Just one year ago, in the landmark Epic Systems case, a 5-4 conservative majority of the Court ruled that arbitration agreements waiving an employee’s right to pursue or participate in a class action lawsuit are enforceable under the Federal Arbitration Act, and do not violate federal labor law.

April 26, 2019

The United States Supreme Court Will Decide Whether To Extend Title VII Protections to LGBT Employees and Job Applicants

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. Although the law explicitly bans “sex” discrimination, as written and later amended, it does not specifically include “sexual orientation” or “gender identity” as protected categories.

April 26, 2019

The United States Supreme Court Will Decide Whether To Extend Title VII Protections to LGBT Employees and Job Applicants

Title VII of the Civil Rights Act of 1964 is the federal law that prohibits employers from discriminating on the basis of race, color, religion, sex, and national origin. Although the law explicitly bans “sex” discrimination, as written and later amended, it does not specifically include “sexual orientation” or “gender identity” as protected categories.

April 11, 2019


On March 25, 2019, the Office of Federal Contract Compliance Programs (“OFCCP”) issued its Corporate Scheduling Announcement List (“CSAL”) which includes 3,500 establishments for FY 2019. The CSAL list comes in lieu of individual letters which had traditionally been sent directly to federal contractors to notify them of potential audits.

April 01, 2019

E-Verify Releases Updated “Right to Work” Poster

On February 26, 2019, the United States Citizenship and Immigration Services (USCIS) and its E-Verify division have updated the mandatory Right to Work poster. Employers participating in E-Verify must replace previous versions of the posters with the updated version.

March 28, 2019


Tax season may be coming to an end, but if you are a private employer with 100 or more employees, you may not be emerging from your mountain of paperwork just yet. Private employers with 100 or more employees are now required to report to the U.S.

March 14, 2019


As we previously reported, a number of state and local governments have passed legislation aimed at requiring employers to provide their employees with advance notice of their work schedules. So-called “predictable scheduling” laws have been passed by the State of Oregon, New York City, Seattle, and San Francisco

March 12, 2019


The United States Department of Labor (DOL) issued its long-awaited proposed revisions of the regulations under the federal law known as the Fair Labor Standards Act (FLSA) in regard to which employees qualify for an overtime pay exemption.

March 7, 2019

NLRB Rejects In-N-Out Burger’s Button Ban

Last week, the United States Supreme Court declined to hear an important appeal by In-N-Out Burger. The burger chain was seeking to overturn a National Labor Relations Board ruling concerning the chain’s uniform policy.

February 15, 2019

Recent NLRB Decisions Are Welcome News For Employers

Two recent decisions of the Trump-era NLRB are welcome news for employers. In both cases, the Trump Labor Board reversed a pair of Obama-era decisions that employers found very troubling.

February 1, 2019

U.S. Supreme Court Gives Mixed Results For Businesses Seeking To Enforce Arbitration Agreements

The United States Supreme Court got off to a fast start in 2019, issuing two important decisions on the enforcement of mandatory arbitration agreements. One ruling was a narrow victory for businesses; the other was a defeat for companies in the transportation industry.


December 27, 2018

More New Laws for California Employers

In our previous edition of Compliance Matters, we focused on the new laws surrounding the #MeToo movement. This edition of Compliance Matters summarizes the additional laws that are set to take effect January 1, 2019.

December 17, 2018

The California Legislature Breathes New Life Into the #MeToo Movement by Passing A Package of Bills Addressing this Issue

Governor Jerry Brown signed a package of bills that specifically address concerns raised by the #MeToo movement.

December 12, 2018

California Court Strikes Down Contract That Prohibited Ex-Employees From Raiding Company’s Workforce

California courts have long refused to enforce non-competition agreements between companies and their former employees.

August 29, 2018

California Judge Gives Broad Retroactive Effect To State’s Landmark Independent Contractor Ruling

In May, we wrote about the California Supreme Court’s landmark Dynamex ruling, which upended decades of thinking about who could be legally paid as an independent contractor under California’s Wage Orders.

July 31, 2018

California Supreme Court Rules That Employers Must Pay For All Work Hours

O n July 26, 2018, the C a lifornia Supreme Court issued its long-anticipated decision in a case involving coffee impresario Starbucks.

July 9, 2018

A Cautionary Tale About Alternative Workweek Schedules

A recent decision from the California Court of Appeal,  Maldonado v. Epsilon Plastics , tells the story of Epsilon Plastics, Inc. (“Epsilon”), an employer that learned the hard way about the perils a California employer may face when it tries to “go it alone” in implementing and maintaining an Alternative Workweek Schedule (“AWS”).

July 5, 2018

Another California Appellate Decision Upholds Neutral “Rounding” System to Measure Employee Work Time

California law requires employees to be paid for all hours worked. Some California businesses use a “rounding” system to determine the number of hours worked by their employees for payroll purposes.

June 28, 2018

Reminder To L.a., Santa Monica, And Pasadena Employers: New Minimum Wages Set For July 1, 2018

Summertime in Southern California used to be all about sunny skies, weekends at the beach, and family vacations, but ever since 2016, July 1 st has also meant City mandated minimum wage increases!

June 26, 2018

Cal/osha’s New Mandatory Injury Prevention Program For California Housekeepers To Take Effect July 1

UNITE HERE is the labor union that represents most of California’s unionized hotel employees. The union has been at the forefront of advocating for statewide safety legislation that would require employers to undertake very specific tasks in protecting both union and non-union employees from workplace injuries.

June 22, 2018

Expanded California National Origin Regulations Take Effect On July 1st

New expanded “national origin” job bias regulations are set to take effect for California employers on July 1, 2018. These new regulations enhance protections afforded to job applicants and employees, including undocumented workers, under the state’s national origin discrimination rules.

June 12, 2018

Suitable Seating Cases Pose High Exposure Risk for California Employers

As we previously reported ( link) the United States Supreme Court very recently issued its long-awaited decision holding that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA).

May 31, 2018

U.S. Supreme Court Approves the Use of Class Action Waivers in Mandatory Employment Arbitration Agreements

In a long-awaited decision issued last week, the United States Supreme Court has given a “green light” to employers who want to require employees to sign arbitration agreements waiving the employee’s right to pursue or participate in a class action lawsuit.

May 3, 2018

California Supreme Court Adopts New Tighter Standard For Classifying Workers As Independent Contractors

A stunning new decision by the California Supreme Court adopts a extremely broad, pro-worker standard for determining whether to classify a worker as an employee or independent contractor under California’s Wage Orders.

May 2, 2018

Ninth Circuit Reverses Itself, Rules That Employers Cannot Use Prior Salary To Justify Wage Differential Between Male And Female Employees

Last June, we reported on a major decision by the Ninth Circuit U.S. Court of Appeals which interpreted the federal Equal Pay Act of 1963.

March 1, 2018


In September 2017, President Trump had announced his intent to end the Deferred Action for Childhood Arrivals (“DACA”), an immigration program which protected from deportation certain undocumented immigrants illegally brought to the United States as children.

January 22, 2018

Ballard Rosenberg Golper & Savitt
Named First Tier Labor and Employment Law Firm By US News & World Report

We always like to share good news. For the third year in a row, Ballard Rosenberg Golper and Savitt has been awarded a First Tier Ranking in U.S.

January 16, 2018


The Private Attorneys General Act (“PAGA”) has been the subject of frequent litigation since it was added to the California Labor Code in 2004.

January 5, 2018

Criminal Penalties For Minimum Wage Violations

By now, employers are well-versed in the multitude of state and local minimum wage and sick leave ordinances enacted in recent years. However, one of the biggest unknowns was what enforcement and punishment would look like

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