• Posts by Jonathan Judge
    Posts by Jonathan Judge
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    Jonathan Judge heads the Private Labor and Employment Group’s Advice and Counsel Team of attorneys.  He represents clients, large and small, in employment advice and counsel matters including wage and hour, leaves of absence, and ...

California Court Clarifies Sick Leave Pay Calculation for Outside Sales Employees

In a recent decision, a California appellate court provided important guidance for employers calculating paid sick leave for outside sales employees.

California Agency Issues Guidance on Violence Leave

The California Civil Rights Department (CRD) recently rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under law that was amended effective January 1, 2025. The guidance, which the CRD released earlier this month, is designed to ensure that employees understand the rights they are entitled to under AB 2499 that California Governor Gavin Newsom signed into law last year.

California Employers Should Review Their Cellular Phone and Driving Policies Following Recent Court of Appeal Decision

California employers are encouraged to review their cellular phone and driving policies in light of a recent Court of Appeal decision which bars drivers from using any functions on a handheld cellular phone while driving. People v. Porter, 111 Cal. App. 5th 927, 333 Cal. Rptr. 3d 168, 171 (2025).

California Court of Appeal Upholds Revocable, Prospective Meal Period Waivers

On April 21, 2025, the California Court of Appeal issued a new, published opinion in Bradsbery v. Vicar Operating, Inc. in which the court concluded that revocable, prospective, “blanket” meal period waivers are enforceable in the absence of any evidence that the waivers are unconscionable or unduly coercive to the employee.

Categories: Litigation, Wage & Hour
California Court Finds Employers Cannot Contract Around the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” With Choice-of-Law Provision

In March of 2022, new legislation curtailing the arbitration of sexual harassment and sexual assault claims, titled the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) was passed by Congress and signed into law by former President Biden. The bipartisan motivation behind EFAA was to give survivors of sexual abuse their day in court and eliminate the secretive element of arbitration that often shields these accusations from public scrutiny.  Since then, courts have continued to work out the scope of EFAA. 

The DLSE Issues Guidance For Employers Regarding California Wildfires

In light of the unprecedented wildfires in the Los Angeles area which commenced on January 7, 2025, the DLSE published a Frequently Asked Questions website to provide guidance to California employers on laws enforced by the Labor Commissioner’s office.

California’s Minimum Wage to Increase to $16.50 Per Hour January 1, 2025

On August 1, 2024, California’s Director of Finance certified that the Golden State’s minimum wage for all employers will increase to $16.50 per hour, effective on January 1, 2025. 

New San Diego County Fair Chance Ordinance Restricts Employers’ Use of Criminal History

Effective October 10, 2024, San Diego County adopted its new Fair Chance Ordinance (“SDFCO”). The SDFCO imposes additional restrictions that covered employers must follow regarding the use of criminal history in employment, on top of what California law already requires. 

The new SDFCO applies to employers that do business in the unincorporated areas of the County of San Diego and have 5 or more employees. Applicants and current employees who are in or are seeking a position involving at least 2 hours of work, including remote work, on average each week in the unincorporated areas of the County, receive protections under the SDFCO. Unlike the California state Fair Chance Act (“FCO”), the SDFCO expressly defines an “applicant” to include those applying for employment but also current employees seeking promotions or transfers.

Back in February, 2024, the Los Angeles County Fair Chance Ordinance for Employers (the “FCO”) was adopted by the County Board of Supervisors. The FCO became operative and subject to enforcement on September 3, 2024 and adds a variety of additional compliance obligations for covered employers and added protections for covered applicants and employees, above and beyond what existing state law requires. Covered employers must ensure that they comply with the stricter of state and local laws governing the use of criminal history in employment.

With the close of the California legislative season, there are a variety of employment law bills which will become law on January 1, 2025. Golden State employers should be aware that several of these new laws necessitate updates to employment policies and handbooks. Specifically:

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