Articles

New California Regulations Address Employment Discrimination Through AI and Other Automated-Decision Systems

Effective October 1, 2025, California has adopted new regulations addressing how employers use AI and automated-decision systems in hiring and employment practices. These changes clarify that using AI tools in a discriminatory way—whether directly or through third-party vendors—violates existing anti-discrimination laws. Employers must now maintain detailed records of AI-driven decision-making processes and ensure compliance across all stages of employment.

Read article
California Employees Can Prospectively Waive Their Meal Periods

In a rare piece of good news for California employers, the California Court of Appeal in Bradsbery v. Vicar Operating, Inc. just settled the outstanding question of whether prospective meal period waivers for employees working fewer than 6 hours in the day, voluntarily signed by employees, are valid and effective tools – they are, just as employment defense counsel have long suspected.

Read article
Super Lawyers News published in LA CityBiz

Millicent Sanchez, Janet Swerdlow and David Wimmer, partners at Swerdlow Florence Sanchez Swerdlow & Wimmer, A Law Corporation, a leading Los Angeles-based labor and employment law firm exclusively representing employers, were named to the list of Southern California Super Lawyers for 2025.

Read article
Minimum wage
California Minimum Wage Increases on January 1, 2025

On January 1, 2025, California’s minimum wage increases to $16.50 for employers of all sizes. This increase to the California minimum wage results in an increase to the minimum annual salary that employers must pay exempt employees in 2025 in order to continue to properly classify them as exempt. Beginning January 1, 2025, the annual…

Read article
new-year-resolutions
California’s Employment Law Updates For 2025

As the California legislative session wrapped up, Governor Gavin Newsom signed several bills impacting California employers that will go into effect on January 1, 2025. 1. Ban on Captive Audience Meetings Under the new “California Worker Freedom from Employer Intimidation Act,” employers will no longer be able to hold mandatory meetings that discuss political or…

Read article
A statue justice with administration documents folders standing on lawyer's desk is depicted by the law
PAGA Reform: What Employers Can Do Now

Over the last 20 years, California employers have found out the hard way that the California Private Attorneys’ General Act of 2004 (“PAGA”) can turn even the most minor Labor Code violation into an expensive and time-consuming headache. The civil penalties potentially imposed on California employers for Labor Code violations under PAGA are often disproportionally…

Read article
thermostat
California Implements New Indoor Heat Illness Prevention Plan Requirements

The California Supreme Court has issued its opinion in Huerta v. CSI Electrical Contractors, Inc., providing clarity on compensable time under California law. Although the decision discusses “hours worked” in the context of construction, drilling, logging, and mining industries under Wage Order 16, the decision has significant implications for employers across various industries in the state, especially employers with employee security checks or site-restrictive meal periods.

Read article
clock on wall
California Supreme Court Clarifies Definition Of “Hours Worked”

The California Supreme Court has issued its opinion in Huerta v. CSI Electrical Contractors, Inc., providing clarity on compensable time under California law. Although the decision discusses “hours worked” in the context of construction, drilling, logging, and mining industries under Wage Order 16, the decision has significant implications for employers across various industries in the state, especially employers with employee security checks or site-restrictive meal periods.

Read article
businesspeople
Cal-OSHA Releases Model Workplace Violence Prevention Plan

On September 30, 2023, Governor Newsom signed into law Senate Bill 533, which requires many California employers to implement an effective Workplace Violence Prevention Plan (“WVPP”) by July 1, 2024. The California Division of Occupational Safety and Health (“Cal-OSHA”) has finally released its model WVPP. The WVPP can be implemented either as part of your…

Read article
judges-gavel-and-law-books-stacked-behind
California Supreme Court Limits Trial Courts’ Authority to Dismiss PAGA Claims Based on Manageability

Last month, the California Supreme Court delivered a crucial decision in Estrada v. Royalty Carpet Mills, Inc. (“Estrada”), eliminating a trial court’s inherent authority to strike a Private Attorneys General Act (“PAGA”) claim based on manageability grounds.  The unanimous ruling resolves a split in the Court of Appeal, and holds that trial courts do not possess inherent authority to dismiss PAGA claims based on concerns about judicial manageability.  The ruling has significant implications for employers defending PAGA actions, clarifying the extent of trial courts’ discretion in managing such claims.

Read article
pavel-ninth-circuit-court
2024 Southern California Super Lawyers

Millicent Sanchez, Janet Swerdlow and David Wimmer have been selected to the 2024 Southern California Super Lawyers list. We are honored to announce that Millicent Sanchez, Janet Swerdlow and David Wimmer have been selected to the 2024 Southern California Super Lawyers list. This is the tenth consecutive year that Janet Swerdlow has been selected and…

Read article
new-laws
New Year, New Laws: Time for a New Handbook

As usual, the close of the 2023 legislative session brings an abundance of new laws impacting California employers.  We will cover these changes in more detail at our November 3rd seminar, but, as a preview, here are the most important state-law changes impacting California employers.

Read article
nlrb-decision
The NLRB’s Cemex Decision: A Game Changer for Union Organizing

In a groundbreaking decision a few weeks ago, the National Labor Relations Board (“NLRB”) released its ruling in Cemex Construction Materials Pacific (Cemex), NLRB Case No. 28-CA-230115, ushering in a new era for labor relations in the United States. The Cemex case centered on allegations of unfair labor practices (ULPs) committed by an employer before, during, and after the…

Read article
empty-courtroom-with-chairs
Julia Staudinger Joins Swerdlow

We are pleased to announce that Julia M. Staudinger has joined the firm as an associate attorney. Julia M. Staudinger advises employers on a wide range of labor and employment issues.  Prior to joining the firm, Ms. Staudinger gained experience in both corporate transactions and litigation. While attending law school at UCLA, Ms. Staudinger was…

Read article
social-distancing-at-coronavirus-outbre
Cal/OSHA Adopts New COVID Regulation

On Thursday, December 15th, Cal/OSHA voted to adopt a new Non-Emergency COVID Regulation to replace the current COVID Emergency Temporary Standard (“ETS”). The ETS will remain in effect while the Office of Administrative Law (“OAL”) reviews the Non-Emergency COVID Regulation. The OAL has thirty working days to review. If the OAL approves the new regulation,…

Read article
worklaw-sue-us-gov
U.S. News – Best Lawyers® 2023

Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Read article
Employment Laws
A Rundown Of New Employment Laws In California

California Governor Gavin Newsom signed several employment-related bills into law prior to the end of California legislative session on September 30, 2022.  Below is a rundown of some of the key laws that will impact California employers both large and small. Bereavement Leave As of January 1, 2023, employers with five or more employees are…

Read article
supreme court
The Supreme Court Renders An Important Victory For Employers

On June 15, 2022, the United States Supreme Court, in the case of Viking River Cruises, Inc. v. Moriana, handed down a significant victory to employers with regard to the arbitration of claims brought by employees under California’s Private Attorney General Act (“PAGA”). As background, PAGA is a sweeping mechanism that deputizes employees to sue…

Read article
Minimum Wage
California Hikes 2023 Minimum Wage

Effective January 1, 2023, the minimum wage rate for all California employers – regardless of size – will increase to $15.50/hour.  Employers with 25 or fewer employees will see a $1.50/hour jump from $14.00/hour to $15.50/hour, instead of the previously planned increase to $15.00.  This also means that the minimum rate of salary to be…

Read article
Paid Sick Leave
New 2022 COVID-19 Supplemental Paid Sick Leave

On February 9, 2022, Governor Gavin Newsom signed Senate Bill (SB) 114, to implement new COVID-19 Supplemental Paid Sick Leave (“2022 SPSL”), effective February 19, 2022.   Covered Employers and Effective Period 2022 SPSL applies to all employers with 26 or more employees and is retroactive to January 1, 2022.  It remains in effect through…

Read article
Vaccination test
Federal Appeals Court Stays OSHA Requirement For Large Employers To Either Mandate COVID Vaccination Or Have Unvaccinated Employees Submit To Weekly Testing 

On November 5, 2021, the federal Occupational Safety and Health Administration (“OSHA”) issued its emergency temporary standard (“ETS”) requiring most private employers with 100 or more employees to either mandate their employees be vaccinated or submit to weekly testing.  The Fifth Circuit Court of Appeals has twice temporarily blocked the ETS and is considering whether…

Read article
home-swerdlow2
US News – Best Lawyers® list of Best Law Firms.

Swerdlow Law Firm has received Tier 1 ranking in the 2022 edition of US News – Best Lawyers® list of “Best Law Firms. Swerdlow Florence Sanchez Swerdlow & Wimmer is pleased to announce that it has received a Tier 1 ranking in the 2022 Edition of U.S News-Best Lawyers®’ list of “Best Law Firms.” The…

Read article
Agreements
Ninth Circuit Revives California Law Prohibiting Employers From Mandating That Employees Sign Arbitration Agreements

On September 15, 2021, the Ninth Circuit revived parts of a controversial California law that prohibited mandatory employment arbitration agreements.  In 2019, California passed AB 51, which prohibited employers from requiring employees and applicants to sign, as a condition of employment, agreements to arbitrate disputes arising under the California Fair Employment and Housing Act (“FEHA”)…

Read article
We congratulate Millicent Sanchez, Janet Swerdlow and David Wimmer who will be recognized for their legal excellence in the 28th Edition of <em>The Best Lawyers in America©. </em>

Millicent Sanchez has been honored seven years in a row for Employment & Labor Law – Management and Labor & Employment – Litigation categories.  Janet Swerdlow has been recognized for eleven consecutive years for the category Labor & Employment – Litigation.  David Wimmer has been honored seventeen consecutive years by his peers for the categories…

Read article
Nondiscretionary Earnings
California Supreme Court Holds That Meal-Period, Rest-Period, And Recovery Premiums Must Include Nondiscretionary Earnings

On July 15, 2021, the California Supreme Court held that the calculation of premium pay for noncompliant meal, rest, and recovery periods must include not only the employee’s hourly rate of pay but also all other nondiscretionary payments for work performed by the employee.  The decision, Ferra v. Loews Hollywood Hotel, LLC, represents a significant…

Read article
Reduce-restrictions
Cal/OSHA’s Revised Emergency Temporary Standards Reduce COVID-19 Related Restrictions In The Workplace

California’s Occupational Safety and Health Standards Board (“Standards Board”) voted on June 17, 2021, to approve its latest set of proposed revisions to the Division of Occupational Safety and Health’s (“Cal/OSHA”) COVID-19 Emergency Temporary Standards (“Revised ETS”).Executive Order N-09-21, signed by Governor Gavin Newsom, makes the Revised ETS effective immediately. This version of the Revised…

Read article
California Requires Employers To Register For CalSavers If Employers Do Not Offer Employer-Sponsored Retirement Plans

CalSavers – California’s state-run individual retirement account program for workers whose covered employers do not offer retirement savings plans – is not preempted by the federal law of employee benefits, the Ninth Circuit Court of Appeals ruled on May 6, 2021, in Howard Jarvis Taxpayers Assoc. v. California Secure Choice Retirement Savings Program.  The court…

Read article
laid off-Covid-19
California Enacts “Right-To-Recall” Law For Employees In Specified Industries Laid Off Due To Covid-19

On April 16, 2021, California Governor Gavin Newson signed SB 93 into law, which requires certain hospitality industry and commercial business service provider employers, and other related business employers, to offer available positions to qualified, former employees that were laid off for reasons related to COVID-19. The law takes effect immediately and expires on December…

Read article
rescue plan
What Employers Need To Know About The American Rescue Plan Act

The American Rescue Plan Act of 2021 (“ARPA”), which President Biden signed into law on March 11, 2021, extends and expands the payroll tax credits for certain COVID-related leaves that employers can voluntarily provide pursuant to the federal Family First Coronavirus Response Act (“FFCRA”). ARPA also provides a tax-free, 100% subsidy of premiums under the…

Read article
meal-period
California Supreme Court Prohibits Rounding Of Meal-Period Swipes

In a long-awaited decision, the California Supreme Court held last week that employers cannot engage in the practice of rounding employees’ time punches in the meal-period context. In Donahue v. AMN Services, LLC, No. S253677 (February 25, 2021), the Court held that California law is designed to prevent even minor infringements of meal-period requirements and…

Read article
law-update
An Update On COVID-19 Supplemental Paid Sick Leave Laws

On January 26, 2021, Los Angeles County extended the County’s COVID-19 Supplemental Paid Sick Leave Ordinance, which expired on December 31, 2020. The new ordinance now continues “until two weeks after the expiration of the COVID-19 local emergency as ratified and declared” by the Los Angeles County Board of Supervisors. Below is a summary of…

Read article
Emergency COVID-19
Cal/OSHA Implements New Emergency COVID-19 Regulations

On November 30, 2020, the California Occupational Safety and Health Standards Board (Cal/OSHA) adopted new regulations to address the issue of COVID-19 in the workplace. These regulations have significant requirements and implications for some California employers, notwithstanding a wide variety of public health orders that may conflict. For example, the regulations require all covered employers…

Read article
Employee Contract
Governor Newsom Passes New Legislation Concerning Employees Who Contract COVID-19 While Working

California Governor Gavin Newsom signed two significant pieces of legislation involving California workers impacted by COVID-19: Senate Bill 1159 (“SB 1159”) and Assembly Bill 685 (“AB 685”). SB 1159, which takes effect immediately, provides for a workers’ compensation presumption for employees who contract COVID-19 and requires certain notification of COVID-19 cases to workers’ compensation claims…

Read article
contract-or-emplyoee
Independent Contractor Or Employee? AB 2257 Modifies AB 5, California’s Landmark Law Regarding Worker Classification

On September 4, 2020, California Governor Gavin Newsom signed Assembly Bill 2257, which significantly expands and modifies the list of occupations and industries exempt from the default “ABC Test” for determining a worker’s classification. AB 5, which was passed in 2019 and became effective on January 1, 2020, upended the law regarding worker classification in…

Read article
Emily Camastra Has Become a Partner in the Firm

Swerdlow Florence Sanchez Swerdlow & Wimmer, A Law Corporation, is pleased to announce that, effective August 1, 2020, Emily Camastra has become a Partner in the Firm. Emily joined the Firm in 2012 and has made invaluable contributions to helping our clients, being a great colleague and friend, and contributing to her community. In her…

Read article
Paycheck Protection Program
Paycheck Protection Program Flexibility Act

We are pleased to provide you with this e-alert, courtesy of the Ohio law firm of Ross, Brittain & Schonberg, which explains the amendments in the Paycheck Protection Program Flexibility Act that modify the Paycheck Protection Program under the CARES Act. Ross, Brittain & Schonberg practices in the area of management-side labor and employment law…

Read article
office-desk-medical-mask
Reopening Workplaces During The COVID-19 Pandemic

As governmental authorities begin to allow and contemplate allowing for the reopening of businesses closed as a result of the COVID-19 pandemic, many employers are wondering when – and specifically how– employees can return to the workplace. This memorandum discusses various issues employers should consider as they prepare their workplaces for a return to work.…

Read article
Orders court
Mayor Eric Garcetti Issues Emergency Orders Requiring Face Coverings And Providing Supplemental Paid Sick Leave In The City Of Los Angeles

Late on April 7, 2020, Mayor Eric Garcetti issued two Emergency Orders affecting businesses and individuals in the City of Los Angeles. First, the Worker Protection Order requires some Essential Businesses to provide face coverings to all employees. And, second, the Supplemental Paid Sick Leave Due to COVID-19 Order provides emergency paid sick leave to…

Read article
Sick Leave covid
DOL Issues Regulations On Emergency Paid Sick Leave and Emergency FMLA Pursuant To Families First Coronavirus Response Act

We are pleased to provide you with this e-alert, courtesy of the Baltimore law firm of Shawe Rosenthal LLP, which provides an excellent summary of the regulations implementing the Families First Coronavirus Response Act.  Shawe Rosenthal LLP practices exclusively in the area of management-side labor and employment law, and is a member of the Worklaw®…

Read article
instructions
DOL Issues Additional Guidance On Emergency Paid Sick Leave & Emergency FMLA

The U.S. Department of Labor (“DOL”) expanded its “Frequently Asked Questions” regarding the Emergency Paid Sick Leave (“EPSL”) and Emergency Paid Family and Medical Leave Act (“E-FMLA”) pursuant to the Families First Coronavirus Response Act (the “Act”). While we continue to await regulations regarding these new requirements, the FAQs continue to provide additional insight into…

Read article
washington dc
$2 Trillion Stimulus Package Signed by the President Will Provide Relief to Many Individuals and Businesses Impacted by COVID19.

On March 27, 2020, President Donald Trump signed into law a $2 trillion stimulus package, the largest emergency aid package in United States history. This law, the ”Coronavirus Aid, Relief, and Economic Security Act” (“CARES”), provides various forms of relief to businesses and individuals affected by COVID-19 and the resulting global health and economic crisis.…

Read article
Supreme Court-wdc
California Supreme Court Rules That Employees Who Have Settled Their Individual Wage And Hour Claims May Still Pursue Representative PAGA Claims As “Aggrieved Employees.”

In an issue of first impression, and an important loss for employers, the California Supreme Court recently decided that employees still can pursue claims under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”) even if they settle and dismiss their individual claims for California Labor Code violations. As explained more fully below,…

Read article
usa law
DOL Issues Guidance On Emergency Paid Sick Leave & Emergency FMLA Required By Families First Coronavirus Response Act

The U.S. Department of Labor (“DOL”) released “Frequently Asked Questions” on March 24, 2020, regarding the emergency paid sick leave (“EPSL”) and emergency paid Family and Medical Leave (“E-FMLA”) pursuant to the Families First Coronavirus Response Act (the “Act”). While we still await regulations regarding these new requirements, the FAQs provide some insight into employers’…

Read article
paying back money
Reimbursement To Employers For Emergency Paid Sick Leave & Emergency Paid FMLA Pursuant To Families First Coronavirus Response Act

In our E-Alert last week, we reported that employers with fewer than 500 employees will be required to provide emergency paid sick leave (“EPSL”) and emergency paid Family and Medical Leave (“E-FMLA”) pursuant to the Families First Coronavirus Response Act (the “Act”). The Act specifies that the government will provide tax credits for such paid…

Read article
us court
Coronavirus Emergency Paid Sick Leave & FMLA Expansion

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law to address the Coronavirus outbreak. The new legislation expands the federal Family and Medical Leave Act (FMLA) and provides an emergency paid sick leave requirement that will impact many employers across the United States. The relevant provisions are discussed below.…

Read article
covid-19
COVID-19

Dear Clients and Friends of Our Firm, As we continue to monitor coronavirus (COVID-19) developments closely, the continued well-being of our law firm’s employees and their families, and that of our clients and their respective workplaces, is of utmost importance. Our law firm has adopted precautionary measures to keep our employees safe, following recommendations from…

Read article
Law Seminar
2018 Labor & Employment Law Seminar

TOPICS: Be Ready It’s The “Me Too” Era Speaker: Millicent Sanchez, Esq. IC or EE? It’s Time to Learn Your ABCs Speakers: Janet Swerdlow, Esq., Meghan O’Kane, Esq. Joint Employment Relationships Speaker: Emily Camastra, Esq. Avoiding Wage and Hour Mistakes Speaker: Lori Yankelevits, Esq. Welcome to the Party: Baby-Bonding Leave for Smaller Employers Speaker: Karen…

Read article
Millicent-Janet-David
We congratulate Millicent Sanchez, Janet Swerdlow and David Wimmer for being selected for inclusion in the 2019 edition of The Best Lawyers in America©.

Millicent Sanchez has been honored four consecutive years for her Employment & Labor Law – Management practice. Janet Swerdlow has been recognized eight consecutive years for the category Labor & Employment – Litigation. David Wimmer has been honored 14 consecutive years by his peers for the categories of Labor Law – Management and Labor &…

Read article
sfssw
2017 Labor & Employment Law Program

TOPICS: Look Before You Leap: Pre-Employment ScreeningsSpeaker: Janet Swerdlow, Esq.I Love LA (Maybe Slightly Less Now): LA’s Municipal Sick Leave & Minimum Wage OrdinanceSpeaker: Karen Rhodes, Esq. Straight Outta Comp: Navigating the World of Worker’s CompensationSpeaker: Megan O’Kane, Esq. Don’t Weep-It’s Only Wage and Hour!Speaker: Millicent Sanchez, Esq. Take the 405 to the 101 to…

Read article
announcemnt2018
Swerdlow Honored by Best Lawyers®

Millicent Sanchez has been recognized for three consecutive years for the Employment & Labor Law-Management category. Janet Swerdlow, who was selected Best Lawyers® Lawyer of the Year for the Los Angeles area in 2012, has been honored seven years in a row for the category Labor & Employment – Litigation. David Wimmer has been recognized…

Read article
emily-camastra-2017
Emily Camastra – 2017 Super Lawyers Rising Star

This is the fourth consecutive year that Emily has been included. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.

Read article
Swerdlow Attorneys Selected to 2017 Super Lawyers List

This marks the third year in a row that Janet Swerdlow has been selected and the eleventh consecutive year that David Wimmer has earned selection to the list of the state’s top attorneys. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of…

Read article
best-lawyer-announcemnt2017
Swerdlow Law Firm Receives Tier 1 Ranking

Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. We thank our clients for their continued support and recommendations.

Read article
worklaw-sue-us-gov
WORKLAW ATTORNEYS SUE U.S. GOVERNMENT AS ADMINISTRATION EXPANDS ITS WAR ON PRIVACY

Latest Government Overreach Escalates Attack on American Privacy, Unconstitutionally Forcing Companies to Report Details of Confidential Discussions with Attorneys New “Persuader Rule” Regulation Expected to Cost As Much As $9 Billion in First Year Minneapolis, MN – March 31, 2016 – Worklaw®Network – a nationwide affiliation of independent law firms practicing labor and employment law…

Read article
swerdlow-event-graphic
2015 Labor & Employment Law Program

TOPICS: Recent Developments in Labor & Employment LawSpeaker: David Wimmer, Esq. A First Aid Kit For Understanding The New Sick Leave LawSpeaker: Millicent Sanchez, Esq.Kathiana Aurelien, Esq. Relationship Status: It’s Complicated – Independent Contractor Or Employee?Speaker: Emily Camastra, Esq. Employee Handbooks – Complicated Is The New SimpleSpeaker: Janet Swerdlow, Esq. November 16, 2015Luxe Hotel11461 Sunset…

Read article
Sanchez-Swerdlow-Wimmer-2016-honored
Swerdlow Law Firm Achieves Tier 1 Ranking

Swerdlow Law Firm has received Tier 1 ranking in the 2016 edition of US News – Best Lawyers® list of “Best Law Firms.” The listing marks the third time the law firm has been awarded Tier 1 recognition. Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations,…

Read article
law-program
2015 Labor & Employment Law Program

Based on your feedback, the 2015 program will consist of two longer seminars rather than three short ones. We hope the new format will accommodate everyone! TOPICS: Recent Developments in Labor & Employment Law Speaker: David Wimmer, Esq. In Case You Are Interested: Leave of Absence Cases Speaker: Karen Rhodes, Esq. Unusual Accommodations Speaker: Lori…

Read article
best-law-firms
Swerdlow Named Tier 1 Law Firm 2015

The rank is based on a rigorous evaluation process and a firm must have at least one lawyer who is included in Best Lawyers of America© as part of the annual peer review assessment. We are grateful to our clients whose continued support played a pivotal role in this award. The most meaningful recommendations come…

Read article