By: Kevin Golden A ruling on Friday from the Northern District of California offers guidance on what a plaintiff may need to allege, who might be liable, and what theories may be viable when it comes to claims of AI based discrimination in employment decisions. In short, third parties providing AI software for employment-based decisions […]

By: Andrew Sokolowski, Matthew Sgnilek, Daniel Spencer, & Katherine Den Bleyker, Partners Last week Governor Newsom’s office announced significant revisions to the Labor Code Private Attorneys General Act of 2004 (commonly known as “PAGA”). The proposed revisions are the product of a cooperative effort between legislators, labor groups, and business groups, including the California Chamber […]

By: Matthew Sgnilek & Andrea Rosenkranz, Partners On June 18th,  Governor Newsom and various legislative, business, and labor groups announced that they had reached an agreement on reforms to PAGA.  The agreement avoids a costly ballot measure set for this election cycle to repeal and replace PAGA.  While the text of any new or amended […]

By: Rick Berger and Clint D. Robison In a purported effort to promote new business formation, raise wages, and lower health care costs, the FTC announced its final rule banning all use of non-compete agreements on April 23, 2024. “With respect to existing non-competes—i.e., non-competes entered into before the effective date—the final rule adopts a […]

By: David Nusz As if the CA Labor Code wasn’t already big enough, effective July 1, 2024, Section 6401.9 is added which requires nearly all CA employers to establish, implement, and maintain an “effective” Workplace Violence Prevention Plan (WPVPP) that must include the following: The names or job titles of the individuals responsible for implementing […]

O’Hagan Meyer is excited to announce the opening of our Fresno office. Daniel J. Cravens, Managing Partner of Fresno, will lead the team, and three new attorneys – Kevin Cleveland, Partner, Hannah Moon, Associate, and Sydney Davenport, Provisionally Licensed Lawyer – will join him in Fresno. Collectively, the team brings extensive experience in labor and […]

By: Ashleigh Kasper & Alison Korgan Contributing Attorneys: David Nusz & Erica Rocush The California legislature and judiciary had a busy 2023, developing and passing significant employment regulations and releasing opinions that will affect many aspects of employment litigation as we move into 2024. This update provides summaries of the most impactful employment-related laws and […]

By: Erica Rocush Springtime Holidays Although the Winter holidays usually garner the most attention, Springtime is also an important time for celebrations in many religious and cultural traditions which can create their own risks in the employment environment, especially as more employers are looking to celebrate in a more diverse and inclusive manner. The significant […]

By: Michael D. Pierce On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a new final rule for classifying independent contractors and differentiating them from employees under the Fair Labor Standards Act (“FLSA”). For its final rule, the DOL has crafted and adopted a six-factor “economic realities” test to determine whether a worker […]

By: Ally McLain and Brad Krupicka Paid Leave Oregon As many employers are aware, Paid Leave Oregon is now in full swing. House Bill 2005 was passed in 2019, making Oregon the 11th state to offer paid family and medical leave. As of January 1, 2023, all employers were required to begin withholding contributions from […]