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The California Department of Industrial Relations recently released its FAQs regarding the new fast food minimum wage law, AB 1228, which took effect on April 1, 2024.  The legislation sets an industry-wide minimum wage for employees in fast food establishments at $20.00 per hour and applies to employees at fast food restaurants that are part of a chain with 60 or more nationwide locations, offer limited or no table service, and are engaged in selling food and beverages for immediate consumption.  Significantly, franchises, regardless of their ownership structure, must comply if they meet these criteria.Continue Reading Navigating New Minimum Wage Requirements for California’s Fast Food Industry

The Los Angeles County Board of Supervisors recently passed the Fair Chance Ordinance for Employers (“Ordinance”), L.A. Cnty. Code § 8.300 et seq., in an effort to ensure  “individuals with criminal records have fair and equitable access to opportunities for gainful employment.”  By September 3, 2024, employers in the unincorporated areas of Los Angeles County with five or more employees must comply with the Ordinance.Continue Reading L.A. County Board of Supervisors Passes Fair Chance Ordinance

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Alex Kotliarskyi, Unsplash

In Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit sided with the California Supreme Court’s ruling in Adolph v. Uber Techs. Inc., 14 Cal. 5th 1104 (2023), and held that the district court was correct to send the individual plaintiff’s Private Attorneys General Act (“PAGA”) claims to arbitration, but reversed the dismissal of the representative PAGA claims, holding they must remain in court.  Although whether PAGA representative claims should remain in court after the plaintiff has been compelled to arbitrate his or her individual claims remains unsettled under the Federal Arbitration Action (“FAA”), and ultimately will be decided by the U.S. Supreme Court, the Ninth Circuit ruling wasn’t particularly surprising.  What is more interesting is the concurrence by Judge Kenneth Lee, who noted some tension between the FAA and Adolph. Continue Reading Trying to Reconcile the Tension between the Federal Arbitration Act and Adolph

With the holiday season in full swing and 2024 rapidly approaching, we thought now would be a good time to remind employers of the “gifts” given to them by the California Legislature in 2023 that become effective in 2024.  This past year brought several new laws with it that require employers’ attention, including new leave laws, new protected classes, new workplace safety laws, further non-compete prohibitions, minimum wage changes, and several more.  We “unwrap” and summarize those “presents” below.Continue Reading Ringing in the New California Laws

On October 4, 2023, Governor Gavin Newsom signed SB 616, amending California’s statewide paid sick and safe leave law.  Effective January 1, 2024, this amendment increases paid leave hours for employees and accrual amounts and provides some protections for employees covered by certain collective bargaining agreements. Continue Reading California Increases Requirements for Paid Sick Leave

On October 13, 2023, California Governor Gavin Newsom signed into law Senate Bill 525, codifying Labor Code sections 1182.14 and 1182.15.  The new law establishes five separate minimum wage schedules for all health care employees that will become effective June 1, 2024.  The wage schedule departs from the general statewide $15.00 per hour minimum wage applicable to other hourly paid employees, except for restaurant workers who also recently received a minimum wage increase.Continue Reading California Approves Minimum Wage Increase for Health Care Employees

With the assistance of California governor Gavin Newsom, fast food companies that supported a referendum to reverse the 2022 Fast Food Accountability and Standards Recovery Act (“AB 257”) struck a deal with several labor unions, including the Service Employees International Union, to revise some of AB 257’s most controversial provisions.  In exchange for an agreement on this new bill (“AB 1228”), fast food companies agreed to withdraw the referendum that was set for a vote in 2024.Continue Reading California Fast Food Workers Look Forward to Pay Increases

A recent announcement by California Attorney General Rob Bonta may curtail the relief experienced by California’s largest employers who are benefitting from the delayed enforcement of the newest California Consumer Privacy Act (“CCPA”) regulations. Continue Reading CCPA Relief at Risk:  California Attorney General Announces New Investigative Sweep

As we predicted (here), employees can be compelled to individually arbitrate their Labor Code claims under the Private Attorneys General Act of 2004 (“PAGA”), but an arbitration agreement that prohibits employees from bringing a representative action on behalf of other employees in court violates California public policy.  In Adolph v. Uber Technologies, Inc., S274671 (July 17, 2023) (“Adolph”), the California Supreme Court analyzed whether an employee retained standing to bring a PAGA action on behalf of other aggrieved employees despite the existence of a valid arbitration agreement requiring arbitration of the employee’s individual PAGA claims.  The Court answered with an unequivocal and unanimous “yes.”  Continue Reading The California Supreme Court Sets Viking River Cruise Decision Adrift