Sara Moore, partner and co-practice leader of Gordon Rees Scully Mansukhani’s employment practice group for Northern California, and Brandon Saxon, partner and Chair of the Employment practice group in the San Diego office of Gordon & Rees, were recently featured in a Law360 article discussing new legislation enacted impacting California employers.
The article summarizes and provides expert commentary on several California laws that took effect on January 1, impacting a broad range of areas, including worker cannabis use, child data security, and pay equity. These laws create significant legal questions for employers and corporations on how to comply. Ms. Moore and Mr. Saxon weighed on specific legal developments.
Ms. Moore shared insight on new laws that ban arbitration provisions in specific employment contexts, establish diversity quotas for corporate boards and restrict the type of workers who qualify as independent contractors. She told Law360 that employers have been in “a little bit of a holding pattern” since 2019 as the federal and state courts consider employers’ high-stakes legal challenges. Ms. Moore added that she doesn’t expect the board diversity quota laws to be upheld by the courts, but she’s still advising corporate clients to take concrete steps to diversify their workforce and management and top brass. “Even if the court finds these are unconstitutional quota requirements, I still think there’s going to be public expectations and consumer expectations for companies to diversify their leadership in some capacity,” she said.
Mr. Saxon provided insight on new cannabis protections for California workers. He has been advising clients to “be ready now” and update employee handbooks to reflect the new laws that prohibit employers from discriminating against workers who consume cannabis off-the-clock and test positive for nonpsychoactive cannabis metabolites, which are stored in the body after a person consumes marijuana products with the psychoactive chemical tetrahydrocannabinol or THC.
Mr. Saxon said employers should be aware if specific jobs fall into the law’s carveouts for building and construction workers, federal contractors, federal funding recipients, and federal licensees. The law also doesn’t apply to certain workers, such as truck drivers, who are required by federal or state laws to be tested for controlled substances. He said he suspects litigation may arise when companies condition a job offer based on an applicant’s negative drug testing results during a background check.
Ms. Moore defends employers in all stages of litigation. She represents large corporations, non-profits, and small businesses in employment matters involving allegations of discrimination, harassment, wrongful termination, retaliation, whistleblower claims, Title IX, breach of contract disability accommodations and the interactive process, and wage and hour/ Private Attorneys General Act ("PAGA") violations. In addition to litigation, she regularly advises employers on navigating strategic personnel decisions, employee discipline/ termination, disability accommodation, and wage and hour compliance. She also conducts audits of workplace policies and frequently presents current trends in employment law.
Mr. Saxon’s practice focuses on various civil litigation matters, including the defense of companies and employers in employment and commercial actions. He has litigated many matters to successful resolution in both state and federal courts and has experience in various heavily regulated practice areas. He also provides advice and counsel in assisting companies and organizations with developing and instituting policies and procedures to avoid litigation.
The full article on Law360 can be seen here. Subscription may be required.