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Another Round of New California Employment Laws

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With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers, including obligations related to the ongoing pandemic, reinforcing or expanding leave protections, wage and hour compliance risks, and much more.

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We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Another Round of New California Employment Laws

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Lloyd W. Aubry, Jr. is a member of our Employment and Labor Group. Lloyd’s practice encompasses all aspects of employment and labor law, including litigation and counseling. He represents public and private clients in a variety of matters relating to wage and hour law, employment discrimination, wrongful discharge, safety and health issues, and National Labor Relations Act issues.Lloyd represents clients before administrative agencies and in state and federal courts. A significant part of his practice involves providing expert testimony and consulting on issues relating to the Department of Industrial Relations. In this capacity, he has assisted both employers and employees.Prior to joining Morrison Foerster, Lloyd served as the Director of the California Department of Industrial Relations, a cabinet level position, from 1991 to 1997. During his tenure as Director, the department successfully updated wage and hour regulations, including elimination of the daily overtime rule; reformed the state’s workers’ compensation laws resulting in a $4 billion decrease in premiums; and modernized the prevailing wage regulations. Also during his term as Director, Lloyd served as President of the National Association of Government Labor Officials, a national organization of state labor commissioners, secretaries, and directors.From 1989 to 1991, Lloyd practiced labor law in San Francisco, and from 1985 to 1989, he served as the State Labor Commissioner. In this position he headed the Division of Labor Standards Enforcement and was responsible for enforcing and interpreting wage and hour law, prevailing wage law, various retaliation statutes, and a number of licensing provisions. From 1981 to 1984, he served as a special assistant and counsel to the U.S. Secretary of Labor and to the Assistant Secretary for Policy, advising them on legal and policy issues. Shortly after, he was appointed by President Reagan as a member of the Commission on Agricultural Workers, a study commission created by the Immigration Reform and Control Act.Lloyd received his J.D. in 1975 from UCLA Law School and his B.A. in 1972 from Stanford University (Phi Beta Kappa, with distinction). He is a frequent lecturer and author on employment law matters and is the author of the California Wage and Hour Guide, published by the Employers’ Group.

Lloyd Aubry

Of Counsel

Andrew Turnbull co-chairs the firm’s Global Employment + Labor Group and Anti-Bias Strategy + Defense Task Force. He has extensive experience advising, defending, and investigating high stakes and class discrimination, harassment, and whistleblower claims, including enforcement actions by EEOC, DOL, DOJ Civil Rights, ICE, and similar state agencies.  He is also well versed in defending and pursuing employee mobility and trade secret misappropriation claims, including breach of non-competes, non-solicits, and non-disclosures claims as well as and duty of loyalty and trade secrets claims. Andrew also routinely defends and advises companies, board of directors, and executives on the significant reputational, business, and compensation issues arising from executive disputes.A primary focus of Andrew’s practice involves helping companies handle the unique employment issues and challenges from doing business with the federal government, including:<ul><li>Defending whistleblower qui tam and retaliation claims under the False Claims Act, the National Defense Authorization Act, and other whistleblower laws;</li><li>Advising and defending government investigations and litigation under the Service Contract Act, the Davis-Bacon Act, and other prevailing wage laws;</li><li>Compliance and litigation defense relating to federal and state affirmative action requirements and DEI related risks;</li><li>Advising on unique compliance issues for federal contractors, such as mitigating discrimination risks when screening for export control compliance under ITAR and EAR, conducting E-Verify audits and compliance, and navigating the Drug-Free Workplace Act.</li></ul>Andrew is problem-solver. He routinely provides clients from Fortune 100 companies to startups with practical and business-minded risk mitigation strategies for various employment and labor issues, including:<ul><li>Developing DEI, affirmative action, pay transparency, antidiscrimination, and antiharassment programs and policies;</li><li>Conducting pay equity studies, adverse impact analysis, and bias testing of employment tests and tools, including for artificial intelligence;</li><li>Developing trade secrets protection and restrictive covenants strategies;</li><li>Reductions in force, furloughs, and high-risk terminations;</li><li>Risks related to 1099s and other contingent workers; and</li><li>Risks related to I-9 and E-Verify compliance, audits, and raids.</li></ul>Andrew also advises companies and executives on a wide range of employment agreements, including drafting and negotiating executive employment agreements, separation agreements, non-competes and non-solicits, and commission and bonus plans.Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.Prior to joining private practice, Andrew worked as a human resources manager for a company recognized on the Inc. 500, an annual list of the fastest-growing private companies in the United States.  Andrew received his J.D. with honors from the George Washington University Law School, where he served as a notes editor for The George Washington Law Review.  While in law school, Andrew interned at the Commercial Litigation Branch of the U.S. Department of Justice.Andrew is an active member of the steering committee of the Washington Metro Industry Liaison Group.

Andrew Turnbull

Co-Chair, Global Employment and Labor Practice

Employment + Labor

Employment Law Commentary