New Laws Regarding California Employers and Employees
There are several new laws and amendments currently under consideration by the Governor of California, as well as the legislature.
- AB 267 prohibits “choice of law” or “forum selection” clauses in employment contracts if those clauses require the use of non-California law or litigation outside of California.
- AB 325 would allow up to 3 days bereavement leave and would prohibit discrimination against employees who take time off for the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner. A successful plaintiff could recover back wages and attorneys’ fees.
- AB 559 would modify a rule denounced by the California Supreme Court (Chavez v. City of Los Angeles, 47 970) granting courts the authority to limit attorneys’ fees awards when the case could have been brought in limited jurisdiction as opposed to unlimited jurisdiction.
The California Chamber of Commerce and other pro-employer entities oppose these bills, and in the past have successfully defeated similar bills while Schwarzenegger was in office.
Governor Brown has already signed into law the following bills affecting employers and employees in California:
- AB 240 Compensation recovery actions: liquidated damages.
- AB 587 Public works: volunteers.
- SB 117 Public contracts: prohibitions: discrimination based on gender or sexual orientation.
- SB 374 Gambling control: key employee licenses.
- SB 559 Discrimination: genetic information.
- SB 609 Public Employment Relations Board: final orders.
Of course we can’t forget about AB 889 regarding domestic workers, which I’ve discussed before.
If you work or do business in California, especially if you do business on any public works projects, you should familiarize yourself with any new requirements applicable to your industry.The Law Office of Phillip J. Griego 95 South Market Street, Suite 520 San Jose, CA 95113 Tel. 408-293-6341 Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego. Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law, but we cannot answer questions about specific situations or provide legal advice. If you desire legal advice, you should contact an attorney. Your use of this blog does not create an attorney-client relationship between you and the Law Office of Phillip J. Griego. The use of the Internet or this blog for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be posted in this blog and the Law Office of Phillip J. Griego cannot guarantee the confidentiality of anything posted to this blog.Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.
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