In 2022, the California Legislature passed and Governor Newsom approved, Assembly Bill 2188 (AB 2188). Effective January 1, 2024, AB 2188 amends California’s Fair Employment and Housing Act (“FEHA”) to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a
Brett A. Overby
Brett Overby has been an Associate in Liebert Cassidy Whitmore’s San Diego office since 2017. Her experience centers on representing employers in the areas of labor, employment, and education. Her experience with public agencies involves investigations, unfair practice charges, grievances, personnel policies, and collective bargaining agreements.
California Modifies Regulation for Considering Criminal History in Employment Decisions
The California Civil Rights Department recently modified the regulation (2 CCR § 11017.1) associated with California’s Fair Chance Act. The regulation addresses an employer’s restrictions and obligations for considering an applicant or employee’s criminal history. The modified regulation took effect on October 1, 2023.
Employers should be aware of the modifications to this…
Complying with Your Agency’s Title VI Obligations
California public agencies often accept funds, grants, and other federal financial assistance either directly from a federal department or agency, or indirectly through a California department or agency. Typically, when a public agency accepts federal financial assistance – either directly or indirectly – it must comply with specific obligations as a condition of receipt. Often…
What Employers Should Know About California’s Contraceptive Equity Act of 2022
This year, the California Legislature passed and the Governor approved the Contraceptive Equity Act of 2022 (Senate Bill 523 or SB 523), a piece of legislation intended to increase the ability of Californians to exercise full control over their reproductive decisions and to expand coverage and decrease access barriers to reproductive health services.
Among other…
New Law Prohibits Discrimination in Employment for Outside-of-Work Cannabis Use
On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away from work, which is a significant change to the…
Federal COVID-19 Discrimination Case Provides Essential Reminder for California Employers
Since the COVID-19 pandemic first began, it has had a multitude of evolving impacts on the operation of the workplace. One impact is the increased number of requests employers are receiving from employees for reasonable accommodations. These increases are attributed to various factors, which have evolved as the pandemic has progressed. At the outset of…
California Supreme Court To Decide Case On Disciplinary Process Owed To Students
On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing. The California Supreme Court’s review of the case is…
Update, March 26, 2020, 9:00am, Department of Labor Releases FFCRA Employee Rights Notice
On March 25, 2020, the Department of Labor (DOL) Wage and Hour Division released new content and guidance on its COVID-19 and the American Workplace website. Among the new content, is the notice of employees’ rights under the Families First Coronavirus Response Act (FFCRA) that, according to the FFCRA, employees must “post and keep posted,…
House Passes Families First Coronavirus Response Act, Bill Moves To Senate For Vote
On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act). The bill will now move to the Senate, where it will be…
California Supreme Court May Soon Decide the Fate Of The “California Rule”
The California Supreme Court will soon schedule oral argument in controversial cases involving legislative pension reform impacting the pension benefits of state and local government employees. By the close of 2020, the Supreme Court will issue a decision that may very well strike at the heart of the so-called “California Rule.”
For nearly 60 years,…