California’s Pay Transparency ACT, SB-1162, has been making waves. The bill came into effect on January 1, 2023, and, in some cases, can furnish the basis of a lawsuit for unequal (discriminatory) pay claims.
In a significant legal development, the U.S. Equal Employment Opportunity Commission (“EEOC”) recently filed a lawsuit against United Parcel Service (“UPS”) on allegations of disability discrimination. The lawsuit centers on UPS’s alleged refusal to hire individuals who are deaf or hearing-impaired as drivers, a move that has raised concerns about equal employment opportunities.
California Assembly Bill 1228 was signed into law last Thursday, September 28, 2023, by Governor Gavin Newsom. Fast-food workers in the state will now earn a minimum of $20.00 per hour effective April 1, 2024 (not January 1 as typical of “new” laws).
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.
