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California Employers Beware: California Supreme Court’s New Meaning of “Disclose” in Labor Code 1102.5(b) Whistleblowing Claims 

On May 22, 2023, the California Supreme Court decided People ex rel. Garcia Brower v. Kolla’s, Inc. (SC S269456 5/22/23). The question presented was whether a report of unlawful activities made to an employer or agency that already knew about the violation is a protected “disclosure” within the meaning of California Labor Code section 1102.5(b). …

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California Passes Legislation Simplifying Flight Attendant Rest Rules

In December 2022, Tressler’s Employment Blog explored the implications of a Federal Aviation Administration (“FAA”) rule requiring rest breaks for flight attendants. The new rule increased the minimum rest period from nine consecutive hours to 10 consecutive hours for crews with scheduled duty of 14 hours or less. The new rules also eliminated the provision …

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Bicvan Brown Elected President of the Vietnamese American Bar Association of Southern California

Tressler attorney Bicvan Brown has been elected President of the Vietnamese American Bar Association of Southern California (VABASC). Bicvan is a partner in Tressler’s Orange County, California office, Chair of the firm’s national Labor and Employment Practice Group and Chair of our national Diversity, Equity & Inclusion Committee. Congratulations, Bicvan!  “Thank you to the Vietnamese American Bar Association …

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Update on California’s New Pay Transparency Requirements in 2023

Initial Guidance From The California Labor Commissioner’s Office: In early January 2023, the California Labor Commissioner’s Office released information on its website explaining its interpretation of the pay transparency law. California Equal Pay Act: Frequently Asked Questions. FAQ’s 27-36 address the pay transparency requirements. Notably, the Labor Commissioner interprets the statutes to require the pay …

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California’s New Pay Transparency Requirements in 2023

Summary: As of January 1, 2023, employers with 15 or more employees must include pay scale in job postings, all employers must provide pay scale to current employees who request the information for their position, employers must retain pay records for three years post-termination and employers with more than 100 employees must submit annual reporting …

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Workplace Transparency Act Reporting Mandate for Illinois Employers

On August 9, 2019, Governor J.B. Pritzker signed Public Act 101-0221, also known as the Workplace Transparency Act, creating new protections for employees and contractors and rules for employers regarding sexual harassment. Most public entities are aware that the Act requires all employers in Illinois to provide annual sexual harassment prevention training to all employees. However, a …

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New Flight Attendant Rest Rules and Regulations are Here: What Airlines Need to Know

On Tuesday, October 4, 2022, the United States Department of Transportation’s Federal Aviation Administration (“FAA”) issued its final rule for required rest breaks for flight attendants. The new rule increased the minimum rest period from nine consecutive hours to 10 consecutive hours for crews with scheduled duty of 14 hours or less. The new rules …

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An Employer’s Guide to Forum-Related Issues on Remote Work

Employers are requiring employees to return to offices or creating hybrid remote/in-office arrangements with employees. Yet, legal questions arising from remote work remain, including an employer’s exposure when employees choose to work from home in a different jurisdiction from the employer’s primary location. Choice of Venue in California Court The California Court of Appeals for …

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Denial of FMLA Benefits is Not Required to Prove FMLA Interference Claim

In Ziccarelli v. Dart, 35 F. 4th 1079 (7th Cir. 2022), the Court of Appeals held that employers may violate the Family and Medical Leave Act (“FMLA”) by simply discouraging employees from exercising their rights under the FMLA without actually denying a leave request. On October 12, 2022, the U.S. Supreme Court declined to review the decision leaving …

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