What California Employers Should Do During an ICE Raid

What California Employers Should Do During an ICE Raid

With the increase of raids conducted by the U.S. Immigration and Customs Enforcement (ICE) throughout the country, California employers must be prepared in case ICE conducts a raid at their workplace. Under AB 450 (the Immigrant Worker Protection Act), employers are forbidden from cooperating with ICE regarding unexpected search and seizures, and from voluntarily allowing ICE agents access to non-public areas or employee records without a judicial warrant or subpoena.  If ICE arrives, employers should calmly ask for legal documentation before granting access and immediately contact legal counsel to ensure compliance with state and federal laws.

Extreme Makeover, PAGA Edition: Recent legal developments affirm and expand employers’ rights

Extreme Makeover, PAGA Edition: Recent legal developments affirm and expand employers’ rights

Recent legal decisions and amendments highlight significant shifts in the landscape of labor law, affirming and expanding employers’ rights in California, while benefiting personally aggrieved employees as well. In EMD Sales, Inc. v. Carrera, the Supreme Court clarified the standard of proof employers must satisfy when defending against Fair Labor Standards Act (FLSA) overtime claims. In Leeper v. Shipt, Inc., the California Court of Appeal addressed arbitration requirements in the context of the Private Attorney General Act (PAGA). Meanwhile, changes to the PAGA framework itself took effect on January 1, 2025, with SB 92 introducing amendments that refine the standing requirements, penalties, and litigation procedures, offering new protections and opportunities for both employees and employers. Employees and Employers alike can contact MNK Law for advice regarding these or any other legal matters.

Workplace Romance: Key Policies Employers Should Review Before Valentine’s Day

Workplace Romance: Key Policies Employers Should Review Before Valentine’s Day

As Valentine’s Day approaches, it’s a good time for employers to review their workplace dating policies to avoid complications. While office romances may seem harmless, they can lead to issues like favoritism, conflicts of interest, and sexual harassment or retaliation complaints. Employers should be proactive in addressing these situations by setting clear boundaries and ensuring that relationships do not disrupt the work environment.

California Attorney General Issues Legal Advisories on AI Use and Consumer Rights

California Attorney General Issues Legal Advisories on AI Use and Consumer Rights

With the influx of artificial intelligence (“AI”) in the workplace, California Attorney General Rob Bonta has issued two legal advisories to guide businesses, particularly those in healthcare, and consumers on their rights and responsibilities regarding AI. The advisories address how AI intersects with California’s existing laws, such as consumer protection, civil rights, and data privacy, and outline new laws that took effect on January 1, 2025. Bonta emphasized that while AI is evolving rapidly, businesses must ensure compliance with both established and newly enacted regulations.

Exempt? More Likely Than Not: SCOTUS Lowers the Bar for Employers

Exempt? More Likely Than Not: SCOTUS Lowers the Bar for Employers

On January 15, 2025, the Supreme Court delivered a significant decision in favor of employers concerning how they prove employees are properly classified as exempt from minimum wage and overtime pay under federal law. In a unanimous ruling, the Court clarified that employers need only meet the “preponderance of the evidence” standard; a lower burden of proof commonly used in civil cases. This replaces the stricter “clear and convincing” evidence standard previously applied by one federal appeals court. This decision simplifies compliance with the Fair Labor Standards Act (FLSA) and sets a uniform standard across the country, reducing litigation risks for employers.

“Don’t @ Me”: Tips to Help Employers Avoid Liability in the Social Media Age

“Don’t @ Me”: Tips to Help Employers Avoid Liability in the Social Media Age

A recent case provides lessons for employers in navigating legal complaints during and after their resolution. The employee in this case, Riley Bockus, successfully won a back-pay settlement against their employer, Bevins & Son, Inc. After the employee won the settlement, the employee alleged that their former employer had engaged in retaliatory behavior by using social media to publicly criticize the employee. 

How Recent California Wildfires Can Affect Businesses

How Recent California Wildfires Can Affect Businesses

California wildfires have become increasingly frequent and severe in recent years, posing significant challenges not only to individuals but also to businesses across the state. These disasters affect businesses directly through property damage and operational disruptions, as well as indirectly by influencing consumer behavior, insurance costs, and the overall economic climate. Here’s an analysis of how the recent California wildfires can impact businesses and what steps companies can take to mitigate these risks.

Business Groups Challenge California’s New Ban on Captive Audience Meetings

Business Groups Challenge California’s New Ban on Captive Audience Meetings

California business groups have filed a lawsuit to block the state’s new law, Senate Bill 399, which went into effect on January 1, 2025. The law makes it illegal for employers to penalize employees who refuse to attend meetings that discuss political or religious opinions, including matters related to unionization. These meetings, often referred to as “captive audience meetings,” have long been criticized by unions for intimidating employees and discouraging unionization. The legislation was authored by State Senator Aisha Wahab and is part of a broader set of workplace laws introduced in California.