On September 6, 2023, Governor Gavin Newsom signed an executive order to guide the regulation of generative artificial intelligence (“GenAI”) in California. GenAI refers to technology that can be used to create, or generate, content. (Think of ChatGPT!)
September 14, 2023, marked the end of California’s State Legislative Session. As expected, the state legislature has passed several employment-law-related bills that will be presented to Governor Gavin Newsom for signature. He will have until October 14, 2023, to either sign or veto the bills. If passed, the bills discussed in this article will be effective from January 1, 2024.
California is set to become the first state to explicitly ban caste discrimination. Senate Bill 403 (“SB 403”), which was passed last Tuesday, September 5, would integrate “caste” into the definition of “ancestry” as a characteristic protected from discrimination by California’s Unruh Civil Rights Act and Fair Employment Housing Act. If signed into law by Governor Gavin Newsom before October 14, 2023, the law will go into effect on January 1, 2024.
The US Court of Appeals for the Fifth Circuit has found a staffing agency not liable for alleged mistreatment of two of its female employees at the host employer where they were placed. In Arredondo v. Elwood Staffing Services, Inc., the 5th Circuit Court affirmed summary judgment in favor of the staffing company, Elwood Staffing Services, and released them from the lawsuit.
On Friday, August 25, the US Court of Appeals for the Seventh Circuit decided to revive a lawsuit alleging that a no-poach clause in McDonald’s franchise agreements violates federal anti-trust laws that had been dismissed by the trial court.
Yesterday on Monday, August 21, the California Supreme Court in Raines v. U.S. HealthWorks Medical Group held that businesses that perform employment-related tasks for other companies, such as screening job applicants, can be held for discrimination under state law.
California’s hourly minimum wage is set to increase again, from $15.50 to $16.00, for all employers effective January 1, 2024. Last month, the Director of California’s Department of Finance published a letter stating that the minimum wage is increasing by 3.5% to account for an inflation adjustment.
Last Tuesday, August 1st, three former dancers for Grammy-winning artist Lizzo filed a sexual and racial harassment lawsuit against her, accusing her of creating a hostile work environment, including weight shaming and sexually denigrating behavior.
In a landmark decision, the California Supreme Court in People ex rel. Lilia Garcia-Brower v. Kolla’s Inc., expanded whistleblower protections for employees by declaring that whistleblowers are protected under Labor Code § 1102.5, even if the employer was previously aware of the misconduct.
On July 25, the United Parcel Service and labor union International Brotherhood of Teamsters reached a tentative collective bargaining agreement for approximately 340,000 UPS workers. The deal was reached a week before a threatened strike that could have disrupted a quarter of the nation’s package shipments and cost the economy billions.
