Articles Posted in Labor & Employment

Published on:

Articles were written by JMBM’s Labor & Employment Department and are being shared on the Hotel Law Blog.

As 2026 approaches, California employers should prepare for another year of evolving employment laws and court decisions that will impact workplace policies and employee rights. Staying informed now can help minimize risk and ensure continued compliance.

The summaries below highlight key developments authored by JMBM’s Labor & Employment attorneys to help you plan for the year ahead. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney

Click the Read More links below each summary for additional details.

California’s 2026 Labor and Employment Law Updates – What Employers Need to Know

As we enter 2026, a new wave of labor and employment laws is set to reshape workplace requirements for California employers. From expanded paid family leave and new AI regulations to strengthened pay equity and whistleblower protections, these changes carry significant implications for businesses across the state. This client alert highlights the most impactful legislative updates. Stay ahead of the curve by understanding your obligations and taking proactive measures to ensure compliance.

Key developments covered:

AB 858: Rehiring and Retention of Displaced Workers
AB 692: Employment Contract Repayment Prohibition
SB 617: California Worker Adjustment and Retraining Act (WARN) Updates
SB 294: The Workplace Know Your Rights Act
SB 303: Bias Mitigation Training
SB 464: Strengthening Pay Data Reporting Requirements
SB 513: Personnel Records
SB 19: Criminalization of Threats of Mass Violence
SB 590: Paid Family Leave Expansion to Designated Persons
AB 406: Paid Sick Leave for Jury Duty and Victims of Violence
SB 642: Strengthening Pay Equity Laws
SB 648: Employee Gratuities
SB 261: DLSE Enforcement of Wage Judgments
AB 250: Revival of Statute of Limitations on Sexual Assault Claims
SB 477: Revisions to FEHA’s Enforcement Procedures
AB 1523: Court-Ordered Mediation

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Key National Labor Relations Board (NLRB) Developments in 2025 and What to Look for in 2026 

On December 18, 2025, the Senate confirmed James Murphy and Scott Mayer to the National Labor Relations Board (NLRB) and Crystal Carey as the NLRB’s General Counsel. Murphy’s and Mayer’s confirmations will restore the NLRB’s quorum and give the Board a Republican majority that is likely to create employer-friendly precedent as they address the Board’s current backlog.

We have prepared a summary of some of the major Board developments from this year, as well as what to look for in 2026. 

Uncertainty and delay: With the NLRB lacking a quorum and facing staffing cuts, employers can expect increased delays in union elections, Unfair Labor Practice (ULP) processing, and Board rulings. The likely delays may result in prolonged bargaining limbo, deferred enforcement, and extended vulnerability for both employers and unions.

Shifting Landscape for Union Organizing and Representation: The reinstatement of the “blocking charge” rule and removal of the 45‑day challenge window to voluntary recognition may encourage more employers to challenge organizing efforts and could delay union representation determinations.

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California’s New “Quit Fee” Ban: What Employers Need to Know About AB 692

Beginning January 1, 2026, California employers will enter a new legal landscape when it comes to training-repayment agreements, onboarding costs, and other contract terms that impose financial penalties when an employee leaves. Assembly Bill 692, now signed into law, effectively prohibits “quit fees” and most forms of repayment provisions tied to continued employment, declaring them unlawful restraints of trade.

If your business uses training-repayment agreements, signing bonuses with clawbacks, or employment contracts that impose fees when a worker resigns early, this law requires a careful second look.

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SB 553 One Year Later: Key Lessons and Required Next Steps for Employers

It has been more than a year since SB 553 (California’s comprehensive workplace-violence prevention law) became mandatory for most California employers. Employers now enter the first cycle of annual review and retraining, and Cal/OSHA’s expectations are rising.

Before SB 553, workplace-violence policies were largely elective and inconsistent. Plans were often generic, rarely updated, and reactive rather than preventive. Over the past year, every California employer covered by SB 553 has been required to build and maintain a formal, site-specific Workplace Violence Prevention Plan , and to integrate it into day-to-day operations.

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California’s New AI and Automated-Decision Rules: Why Employers Should Act Now

Effective October 1, 2025, new California regulations make explicit what was already implicit: the Fair Employment and Housing Act (FEHA)’s anti-discrimination rules fully apply to “automated-decision systems” (ADS) used in employment. That includes not only sophisticated artificial intelligence (AI) tools, but any computational process that helps decide who gets hired, promoted, disciplined, or  otherwise receives an “employment benefit.”

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SB 303: Ensuring Self-Awareness Isn’t Self-Incrimination

Effective January 1, 2026, SB 303 will add a section to the Government Code to address disclosures made during employer-sponsored “bias mitigation or bias elimination training, education, and activities” provided “for the purpose of educating employees on understanding, recognizing, or acknowledging the influence of conscious and unconscious thought processes and their associated impacts.”

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Training Goes on File: SB 513 Expands Personnel File Requirements

California Labor Code section 1198.5 currently requires employers to maintain and make available to current and former employees personnel records “relating to the employee’s performance or to any grievance concerning the employee.” Effective January 1, 2026 the scope of employer obligations under section 1198.5 will expand.

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AB 288: California’s New Labor Law Could Pull Private Employers Into State Oversight

California’s AB 288 creates a major potential shift in labor-relations enforcement. For the first time, the state’s Public Employment Relations Board (PERB), traditionally limited to public-sector labor disputes, would be able to hear certain private-sector representation petitions and ULP charges when the federal NLRB National Labor Relations Board  is delayed or unable to act.

Because the NLRB immediately sued California to block the law, its future is uncertain. But employers should prepare for the possibility of a dual enforcement system.

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Notable Local Ordinances Taking Effect in 2026 

As employers prepare for 2026, it is increasingly important to monitor not only state-level employment law changes but also the wave of local ordinances emerging across California. With 58 counties and hundreds of cities, which include some of the largest and most heavily regulated jurisdictions in the country, California’s patchwork of local rules continues to expand, creating compliance obligations that can vary significantly depending on where employees perform work.

The article is a list of notable local ordinances taking effect in 2026

Read More

JMBM’s Labor and Employment attorneys counsel businesses and management on workplace issues, helping to establish policies that address problems and reduce job-related lawsuits. We act quickly to resolve claims and aggressively defend our clients in all federal and state courts, before the Department of Labor, the NLRB, and other federal, state and local agencies, as well as in private arbitration forums. We represent employers in collective bargaining negotiations and arbitration. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney.


Tphoto__2883799_jim-butler-web-1-300x300his is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $125 billion of hotel transactions and more than 4,700 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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Published on:

Previously posted as a JMBM press release on September 11, 2025.

Sale will allow the historic Los Angeles restaurant to reopen

Los Angeles, CA – September 11, 2025 – Jeffer Mangels Butler & Mitchell (JMBM) recently represented the Richard J. Riordan estate in the sale of the Original Pantry Café in Downtown Los Angeles to real estate entrepreneur, Leo Pustilnikov.

JMBM partner Sheri Bonstelle led the transaction, handling the land use due diligence, negotiation and sale, and partner Caleb Gilbert oversaw the real estate contracts.

The Pantry Café is an historic restaurant at the corner of 9th and Figueroa streets in Downtown Los Angeles that first opened in 1924, and moved to its current location in 1950. It offered 24-hour a day service, and was known for never being closed from its opening until the Covid pandemic. The restaurant was purchased in 1981 by former Los Angeles Mayor Richard (Dick) Riordan, who obtained designation of the property as a Los Angeles Historic Cultural Monument in 1982, and owned and operated the location until his death in 2023.

“The Pantry is sort of like the story of LA,” Pustilnikov said in a statement. “It’s had its ups and downs, and hopefully, much like LA and much like Downtown, the reopening will boost the rebirth of Downtown with everything coming to it.”

About JMBM

Jeffer Mangels Butler & Mitchell LLP is a full-service law firm committed to providing clients with outstanding results. From our offices in Los Angeles, San Francisco, and Orange County, we serve our clients’ needs worldwide. For more information about our attorneys and our services, visit JMBM.com.

 


Tphoto__2883799_jim-butler-web-1-300x300his is Jim Butler, author of www.HotelLawBlog.com and founding partner of JMBM and JMBM’s Global Hospitality Group®. We provide business and legal advice to hotel owners, developers, independent operators and investors. This advice covers critical hotel issues such as hotel purchase, sale, development, financing, franchise, management, ADA, and IP matters. We also have compelling experience in hotel litigation, union avoidance and union negotiations, and cybersecurity & data privacy.

JMBM’s Global Hospitality Group® has been involved in more than $125 billion of hotel transactions and more than 4,700 hotel properties located around the globe. Contact me at +1-310-201-3526 or jbutler@jmbm.com to discuss how we can help.


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Published on:

07 February 2025

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest articles on Labor & Employment.

JMBM Partner Travis Gemoets was recently featured in a Hotel Dive article discussing the National Labor Relations Board’s (NLRB) shifting landscape under the new presidential administration.

In the article, titled “How the NLRB’s Uncertain Future Could Impact Hotels,” Travis provides critical insights into President Trump’s unexpected dismissal of Democratic NLRB member Gwynne Wilcox—a move that has left the Board without a quorum and effectively stalled its ability to issue new rulings. This development has introduced significant uncertainty, particularly within the hospitality industry, where labor relations are vital to day-to-day operations. Travis explains that this paralysis could result in extended delays for resolving union organizing efforts and unfair labor practice claims, thereby complicating compliance for hoteliers.

Travis also explores what a pro-management shift under a Trump-led NLRB could mean, including potential reversals of Biden-era decisions like the Cemex Construction Materials case and the re-legalization of captive audience meetings.

For a deeper dive into Travis’ insights and the broader implications for hospitality employers, check out the full article on Hotel Dive’s website.

If you have questions about how these changes might impact your business, don’t hesitate to contact JMBM’s experienced labor and employment attorneys. We’re here to help you navigate this evolving legal landscape with confidence.

CONTINUE READING →

Published on:

22 February 2023

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Click here for the latest on labor and employment guidance.

A three-judge panel of the Ninth Circuit held on February 15, 2023, that the Federal Arbitration Act preempts a California law designed to prevent employers from requiring workers to sign mandatory arbitration agreements. This decision is consistent with a long line of State and Federal cases, and is expected to have a significant impact on employment practices in the state, including hotels and everyone in the hospitality industry.

Appeals court blocks California bar
on mandatory arbitration for workers


by JMBM’s Labor & Employment Group

On February 15, 2023, a federal appeals court blocked a California law that prohibited employers from requiring their workers to resolve legal disputes in private arbitration.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco in a 2-1 decision held that the law cannot be enforced because it conflicts with federal arbitration law. This ruling hands an important victory to business groups and employers across the state. CONTINUE READING →

Published on:

27 December 2021

See how JMBM’s Global Hospitality Group® can help you.
Click here for the latest on labor and employment guidance.

Labor & Employment New Year Round-Up
What to Expect in 2022

Several new pieces of California legislation have either recently gone into effect or will take effect in 2022, impacting nearly all employers and how they handle employment agreements, disability related to COVID, training, rehiring and retention, and a range of other practices. A new presidential administration also means a shift in the political landscape and the role played by the NLRB, OSHA and other regulatory bodies.

Our round-up will help you determine which key issues may impact you in 2022; contact us to be sure you’re ready for all these upcoming changes. Click the “read more” link for each topic to see a comprehensive summary.

Expansions to the California Family Rights Act

Effective January 1, 2022, AB 1033 adds “parent-in-law” to the list of persons that an employee may take time off to care for, pursuant to the California Family Rights Act (CFRA). It also recasts the notice provisions of the small employer family leave mediation pilot program to require the DFEH to notify an employee of the requirement for mediation prior to filing a civil action, and requires the employee to contact the DFEH’s dispute resolution division prior to filing an action.

What this means for employers: Employers should review family leave policies to ensure they are compliant with AB 1033. Although the law adds a new category of person an employee may take time off to care for, it does not expand the total amount of leave an employee is entitled to take per 12 month period. Small employers should be aware of their ability to request mediation, and should consult with labor and employment counsel immediately upon receiving notice by a plaintiff or the DFEH that a plaintiff is seeking a civil lawsuit—the deadline to request a mediation is only 30 days from receipt of notice.

Read the full article.

Changes to the Fair Employment and Housing Act

Effective January 1, 2022, SB 807 amends various statutes concerning the Department of Fair Employment and Housing (DFEH) procedures when enforcing California’s civil rights law—notably, the FEHA. These changes include tolling the deadline for the DFEH to file a civil action under the FEHA while a dispute resolution is pending, increasing the amount of time employers must keep certain records, and authorizing the DFEH to appeal court decisions.

What this means for employers: Employers should review their current record retention policies and amend them as necessary. This also provides an opportunity to ensure that employers are retaining all the necessary records so that they do not face unnecessary penalties or subject themselves to avoidable liability. SB 807’s tolling of the statute of limitations deadline provides additional leeway to employees who are seeking redress, and the authorization for the DFEH to appeal decisions grants it additional flexibility when pursing actions against employers.

Read the full article. CONTINUE READING →

Published on:

27 April 2021

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Click here for the latest on labor and employment guidance.

As coronavirus cases drop and economic activity starts to return to normal, the hospitality industry will soon be able to begin replacing workers who were laid off due to the pandemic. Some cities in California, and now the entire state, have enacted requirements for how hotels and other businesses can fill open positions; my partner, Travis Gemoets, has summarized the new law below.

California hospitality workers laid off during COVID-19 pandemic get rehire rights

by
Travis M. Gemoets, Partner & Senior Member of
JMBM’s Global Hospitality Group®

On Friday, April 16, 2021, Gov. Gavin Newsom put new employer obligations into law by signing Senate Bill 93, requiring hotel, event center, airport hospitality and janitorial employers to first rehire workers laid off during the pandemic when jobs become available, essentially establishing “recall rights” more commonly associated with union collective bargaining agreements. Senate Bill 93 takes effect immediately after quickly making its way through the Legislature as a budget trailer bill and will be in effect until the end of 2024. Gov. Newsom vetoed a more expansive labor-backed bill last year.

CONTINUE READING →

Published on:

31 December 2020

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Click here for the latest on labor and employment guidance.

As 2020 comes to a close, many employers have questions about a number of new laws which are about to come into effect. In the article below, JMBM’s Labor and Employment Group have summarized recent changes to labor regulations and provided a snapshot of what to expect in the new year.

Labor & Employment New Year Round-Up
What to Expect in 2021

Several new pieces of California legislation have either recently gone into effect or will take effect on January 1, 2021, impacting nearly all employers and how they handle COVID-19 related issues, leaves of absence, workers’ classification, discrimination disputes, arbitration agreements, union relations, and other miscellaneous issues.

The start of a new presidential administration also brings potential changes to labor regulations; find out what we’ll be watching for, below.

Our round-up will help you determine which key issues may impact you in 2021; contact us to be sure you’re ready for all these upcoming changes. Click the ‘read more’ link for each topic to see a comprehensive summary.

New COVID-19 Reporting Obligations

AB 685 adds to California’s growing list of COVID-19 health and safety related laws, imposing additional reporting obligations on employers and expanding Cal/OSHA’s authority to issue shutdown orders for workplaces that pose a risk of an “imminent hazard” relating to COVID-19.

What this means for employers: Employers should update their written COVID protocols for employees, and prepare template notices that include the information required under the new law.

Read more here.

COVID-19 Workers’ Compensation Presumption

SB 1159 creates a disputable workers’ compensation presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for benefits.

What this means for employers: The presumption is disputable, meaning that employers have an opportunity to refute the presumption by providing evidence to indicate that an employee did not contract COVID-19 at the workplace. Employers should ensure that they implement adequate measures to reduce potential transmission of COVID-19 in the workplace and that these measures are well documented.

Read more here.

Temporary Cal/OSHA “COVID-19 Prevention Rule”

California’s Office of Administrative Law approved Cal/OSHA’s emergency COVID-19 Prevention Rule, which will remain in effect through at least October 2, 2021. One of the key provisions of the new rule requires California employers to establish and implement a written prevention program tailored toward preventing the spread of COVID-19 in the workplace.

What this means for employers: This rule is expansive and imposes a number of significant burdens on employers. Employers should consult with counsel upon reviewing each of the Rule’s mandates to ensure compliance.

Read more here.

Significant Expansion of Family Leave Requirements to Almost All CA Employers

CONTINUE READING →

Published on:

20 December 2020

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Click here for the latest articles on the coronavirus. and here for the latest on labor and employment guidance.

Hotel Lawyer: What stance should hotels take on mandatory COVID-19 vaccinations?

Most of the world has been anxiously waiting for the “silver bullet” of an effective COVID-19 anti-virus vaccine to save lives, reopen business, save severely damaged hotels and restaurants, and restore public confidence. The FDA approval of the first two US vaccines and the massive distribution immediately thereafter is projected to provide sufficient doses of the vaccine for about half the US population by March 2021 and 100% of the population by the Summer of 2021.

But almost before the anti-virus vaccine distribution started, a significant faction of anti-vaxxers started challenging the effectiveness and desirability of taking the vaccine. Many such advocates said they do not want to take the vaccine, or at least want to wait. Some raised questions about the vaccine’s effectiveness and side effects. Issues of allergic reaction and religious conviction (against the vaccine) were raised. “Social control” issues started to shape the debate and the controversy. It is ironic that so many are fighting for priority to get the vaccine first while others fight attempts to force vaccination.

So, what should hotels do to protect their employees and guests? Can – or should – hotel employers mandate vaccination for their public-facing workforce? What are the important legal and business considerations in charting the right course? CONTINUE READING →

Published on:

19 May 2020

 

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Hotel Lawyer on opening our country back up — California update

As California lawmakers release new guidance on easing stay-at-home restrictions, many employers are wondering how they can safely begin to reopen their businesses. In their latest update, JMBM’s Labor & Employment Group discuss the four phases of reopening and what employers can expect as they implement new workplace requirements. – Jim

California Employers’ Road Map to Reopening the Physical Workplace
by
Marta Fernandez

In only two months, California employers have experienced an unprecedented disruption to business and the adoption and implementation of myriad new laws aimed at remedying the economic effects of COVID-19 and limiting its spread. But even now, as California lawmakers from the Governor to local mayors agree that it is time for California to get back to doing business, there is great uncertainty as to when and how this can safely occur.

The process will obviously be gradual and subject to reversal at any time.  Business operations will eventually return to full capacity, but the workplace will be different for months, if not years, to come as a result of new laws and the nature of the pandemic crisis itself.

When it comes to employee matters, how can an employer best develop a plan to navigate the uncertainty of emergency orders restricting operations, new laws and regulations, and an entirely new business environment?

We suggest that employers work with their professionals to implement their own four phase plan:

  1. Determine when your business can lawfully reopen and to what extent
  2. Assess how the timing of bringing employees back affects the risks and costs associated with reopening your business
  3. Identify any limitations on your discretion to choose which employees to bring back and when
  4. Understand new workplace requirements and create systems to implement them

Read the full alert here for a discussion of all four phases.

Online Resources

CONTINUE READING →

Published on:

01 April 2020
Click here for the latest articles on Labor & Employment.
Click here for the latest articles on the coronavirus.

Note: If you are an individual consumer with coronavirus-related travel issues, please do NOT contact us! We do not represent individual consumers. We advise businesses on major contracts, investments and financing. 

Following the enactment of the Families First Coronavirus Response Act on March 18, 2020, the Department of Labor has clarified which employers will be impacted by the Act and how they can comply with its mandates. Marta Fernandez, hotel lawyer and a partner in JMBM’s Labor & Employment department, has answered some of the most frequently asked questions by employers about the Act which goes into effect on April 1, 2020.
What hotel owners and operators need to know
about employee rights under the FFCRA

by
Marta Fernandez

Frequently Asked Questions or FAQs about employee rights under the Families First Coronavirus Response Act

Effective April 1, 2020 and continuing through December 31, 2020, covered employers need to begin complying with the mandates of the Families First Coronavirus Response Act (“FFCRA” or “Act”). You can find our original article explaining the FFCRA here. Since the law’s enactment on March 18, 2020, the Department of Labor has clarified and expanded upon what precisely is required under the Act and of whom it is required. Below are some of the questions we have been receiving from clients. The answers provided reiterate some of the previously announced requirements, and incorporate the additional guidance that has been issued by the Department.

#1 What obligations do covered employers have under the FFCRA?

Covered employers must provide eligible employees with up to 80 hours of emergency paid sick leave and up to 12 weeks of emergency family and medical leave.

#2 When is an employee eligible to receive paid sick leave under the FFCRA?

Under the FFCRA, a full-time employee may qualify for 80 hours of paid sick leave (or, for a part-time employee – the average number of hours that the employee works over a typical two-week period) where the employee is unable to work, or telework, due to a need for leave because the employee:

  1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
  2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
  4. Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. Is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
  6. Is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

#3 How much compensation is an employee entitled to receive under the paid sick leave provisions of the FFCRA?

Employees taking leave for reasons 1, 2, or 3, noted above must be paid at either their regular rate or the applicable minimum wage, whichever is higher, with a cap of $511 per day and $5,110 in the aggregate.

Employees taking leave for reasons 4, 5, or 6 above must be paid at two-thirds their regular rate or two-thirds the applicable minimum wage, whichever is higher, with a cap of $200 per day and $2,000 in the aggregate.

The Department has now clarified that an employee’s regular rate of pay is the average of the employee’s regular rate over a period of six months prior to the date on which he or she takes leave.

#4 Can I require employees to substitute any accrued paid time off for the emergency paid sick leave?

No. While employees may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the emergency paid sick leave, you cannot require employees to do so.

#5 What if I’ve already provided my employees with paid leave for a COVID-19 related reason?

The emergency paid sick leave is to be provided in addition to any other paid leave that an employer has already provided to its employees. Thus, leave taken prior to April 1st does not count towards the leave required under the Act.

CONTINUE READING →

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