Disputes between employers and employees in California must be settled in California, according to California law.
In a series of significant developments, California has taken steps to bolster the rights of its workforce. Two key changes, effective from January 1, 2017, have been introduced as a result of Senate Bill 1241 and a landmark ruling by the California Supreme Court.
Firstly, the amendment to the California Labor Code restricts employers from enforcing out-of-state dispute adjudication agreements for California-based employees. This means that employers cannot compel their employees, who are based in California, to resolve employment-related disputes outside of the state. This amendment reinforces California’s commitment to protecting labor rights within its jurisdiction, limiting out-of-state arbitration or litigation clauses that could force a California employee to resolve workplace disputes in another state.
Secondly, the California Supreme Court ruled on December 22, 2016, in the case Augustus v. ABM Security Services, Inc., that on-duty and on-call rest breaks violate state law. The case involved security guards who sued their employer for a policy requiring them to keep their pagers and walkie talkies on during their rest.
Overtime exemptions play a significant role in determining employees' compensation and rights in the United States, governed by both federal and state labor laws such as the Fair Labor Standards Act (FLSA) and California labor laws.
Interestingly, in most startup cases, the "governing law and jurisdiction" clause should refer to the city and state the startup is based in. These changes reflect California’s emphasis on protecting its workforce by preventing employers from circumventing California labor standards and protections through contractual provisions requiring out-of-state dispute adjudication.
These developments underscore California’s commitment to asserting jurisdictional control over labor disputes involving its residents, thereby strengthening employee rights within the state. No conflicting information was found in the reviewed sources, indicating a clear intention to uphold and protect California labor laws and protections.
- These changes in California's policy-and-legislation, made through Senate Bill 1241 and the California Supreme Court ruling, belong to the realm of general-news as they highlight the state's significant steps towards bolstering the rights of its workforce, particularly in matters of labor disputes.
- The California Supreme Court's ruling in Augustus v. ABM Security Services, Inc., on the legality of on-duty and on-call rest breaks, is a prime example of how politics intertwines with policy-and-legislation in shaping the work environment and rights of employees within the state, demonstrating a strong commitment to general-news worth reporting.
