California Employment Update

Wage and hour developments

• Clarke v. AMN Services – Per diem as wages;
• Ward v. United Airlines – Labor Code 226;
• Donohue v. AMN Services – Meal and rest breaks.

Arbitration

• Alvarez - appellate arbitral review provisions;
• Wilson-Davis – Arbitrability/CBAs; and
• Zoller – Arbitration of Title VII claims.

Future California Developments

• SB 606 - expand Cal/OSHA authority;
• SB 331 - expands restrictions on non-disparagement clauses in settlement agreements;
• AB 1003 - would make the intentional theft of wages in an amount greater than $950 from any one employee, or $2,350 in the aggregate from 2 or more employees, by an employer in any consecutive 12-month period punishable as grand theft;
• SB 93 - businesses such as hotels, event centers, airports, private clubs, and service providers at commercial buildings would be required to offer employment to their laid-off employees on the basis of seniority, within five days of establishing a position;
• AB 701 - establish statewide standards to minimize worker injuries and requiring large warehouses to be transparent about their work quotas;
• AB 257 – establish a statewide Fast Food Sector Council that includes workers, state agencies, and industry representatives;
• AB 995 - expands California’s sick leave law to guarantee working Californians can use at least five paid sick days each year;
• AB 1074 - Following the termination of a service contract, the Displaced Janitor and Hotel Workers Opportunity Act would require new hotel service contractors to retain the existing workforce for a period of at least 60 days; and
• AB 123 - Paid Family Leave with Full Income Replacement.

Keep an Eye on a New NLRB

• Investigative Interviews;
• Employee Resource Groups;
• Group Complaints about Safety and Return-to-Work; and
• PRO Act.