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“Bill Bites” – More New Labor and Employment Laws in California

In addition to the #MeToo inspired legislation, which we covered in a recent blog post, Governor Brown signed several other pieces of legislation amending existing laws and imposing new requirements regarding employment. Here are our “Bill Bites,” which provide a snapshot of the new laws

  • PAGA Does Not Apply to Construction Workers: Assembly Bill 1654 bars employees in the construction industry who are subject to a collective bargaining agreement with a grievance procedure from bringing claims under the Private Attorneys General Act until when the collective bargaining agreement expires or January 1, 2028, whichever is earlier.

  • Reasonable Efforts Required to Provide Location for Expressing Breast Milk Other Than in a Bathroom: Assembly Bill 1976 requires that employers make reasonable efforts to provide an employee with the use of a room or other location to express breast milk, other than in a bathroom. The previous law required reasonable efforts to provide a location other than in a toilet stall.

  • Employers Can Ask Applicants About Salary Expectations: Assembly Bill 2282 adds definitions to the law prohibiting an employer from relying on salary history in determining whether to hire an employee, and clarifies that an employer can ask an applicant regarding his/her expectations of salary for the position.

  • State’s Paid Family Leave Extended to Active Duty or Family Member’s Active Duty: Senate Bill 1123 expands the scope of the California’s family temporary disability insurance program to include time off to participate in a qualifying exigency related to covered active duty or a family member’s active duty.

  • Right to Inspect and Receive Wage Records: Senate Bill 1252 clarifies that Labor Code Section 226’s right to inspect wage records also means that the employee has a right to “receive” those records.

© 2019 Proskauer Rose LLP.

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Pietro Deserio, Labor, Employment Attorney, Proskauer Law Firm
Associate

Pietro A. Deserio is an associate in the Labor & Employment Law Department. Pietro's practice concentrates on all aspects of labor and employment law. His employment litigation practice in state and federal courts includes class and collective actions and defending claims of discrimination, harassment, breach of contract and violations of wage and hour laws. He is also a member of the Non-Compete and Trade Secrets Group, representing clients in sensitive and significant trade secret and employment matters.

Pietro litigates and counsels clients on matters involving employee movement between competitors, with a focus on the enforceability of restrictive covenants, including:

  • Non-competition
  • Customer non-solicitation
  • Employee non-solicitation
  • Non-disclosure agreements
  • Confidentiality
  • Incentive compensation arrangements
  • Clawback and other remedial provisions
  • International enforcement issues
  • Judicial modification (blue-penciling) of agreements

 

Before joining Proskauer’s Labor and Employment Group in California, Pietro gained valuable experience as an associate in the Firm’s Litigation Department in New York, where his practice included white-collar criminal defense and corporate investigations. He also worked on complex commercial litigation matters at both the state and federal levels that included false advertising, contract and business torts and insurance coverage. Pietro maintains an active pro bono practice, representing individuals charged with various misdemeanors and felonies. He has also partnered with the Legal Aid Society to represent individuals seeking to file conditional sealing motions.

Prior to joining Proskauer, Pietro served in the State Counsel Division of the New York State Office of the Attorney General, as part of both the Litigation Bureau and the Sex Offender Management Bureau.

While at University of Pennsylvania Law School, Pietro completed an externship at the Philadelphia District Attorney's Office, for which he prosecuted felonies and misdemeanors in the Municipal Court Unit. In addition, he completed a dual-degree program with the University of Pennsylvania’s Department of Criminology, for which he was awarded a Master of Science degree.

310.284.4522