On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register for implementing the PWFA. The EEOC has invited the public to comment on the proposed regulations during a comment period that will close on October 10, 2023. While the regulations are proposed, PWFA has been in full effect since June 27, 2023.
The California Supreme Court Rules on PAGA Standing
On July 17, 2023, the California Supreme Court issued an opinion in Erik Adolph v. Uber Technologies, Inc., settling the issue of whether a Plaintiff’s non-individual PAGA claims must be dismissed if the Plaintiff’s individual PAGA claims are compelled to arbitration.
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A Win for California Employers: Employers Can Require Their Employees to Sign Arbitration Agreements as a Condition of Employment
In 2019 California enacted Assembly Bill 51 (AB51) that would impose criminal sanctions on employers who required employees to sign arbitration agreements as a condition of employment. From there, this highly controversial law has followed a circuitous route.
New Federal Protections for Pregnant Workers
Where previous protections offered by the Americans with Disabilities Act, the Fair Labor Standards Act, and the Pregnancy Discrimination Act of 1978 fell short, employees were left to make hard choices between quitting their jobs or working in a position that did not fully accommodate their medical needs while pregnant or after giving birth. Although some state laws fill those needs, many states do not provide any protection. During 2022, two important protections were signed into law by President Joe Biden: the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. The new protections put in place by these acts ensure that pregnant employees will not suffer because of their pregnancy, but instead be provided the proper and necessary time off and accommodations after giving birth.
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EEOC Releases Workplace Discrimination Poster: What Employers Need to Know
On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) unveiled a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster which updates and replaces the previous “EEO is the Law” poster. This poster also supersedes an October 19, 2022, version of the “Know Your Rights” poster.
Covered employers are required to