HRCalifornia Now News and Analysis

California and federal employment law, explained in plain language by the experts who track it.

2026 Midyear Employment Law Update

HRCalifornia NowJune 25, 2026

We are halfway through 2026, which is a good time for employers to review this year’s notable employment law developments and make sure their policies and practices remain up to date.

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Drug Testing Existing Employees: What California Employers Should Know

HRCalifornia NowJuly 9, 2026

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Stay ahead of what’s changing in California employment law

Browse articles on the latest labor and employment law developments.

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California Modifies Employment Discrimination Regulations to Include Automated-Decision Systems

California’s Fair Employment and Housing Act (FEHA) protects applicants and employees from discrimination in employment matters based on numerous protected characteristics such as race, sex, age, religious beliefs and disabilities, amongst others. While the FEHA is the foundation for these protections, the California Civil Rights Council (CRC) can issue regulations further defining what may be unlawful discrimination under the FEHA.

HRCaliforniahrca-extra

September 22, 2026

2026 New Laws

As the calendar flips to 2026, it's a good time to make sure you're up to date with the new laws, regulations, court cases and agency actions — many of which will affect California employers’ day-to-day operations and policies. These updates are organized by topic below to help you understand your responsibilities and learn how they will impact your business. They also have links to their respective Law Library pages to give you more details. Also, check the Local Ordinances and Required Posters and Pamphlets pages to make sure you are compliant. Note: The links below will either take you directly to the topic content or to the page that contains that content. Look for flags on content pages to find laws, actions and regulations that are new for 2026. You may need to scroll down to find them.

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September 22, 2026

From the Experts: Self-Audit Helps Ensure Prompt Correction of Form I-9 Errors

During a self-audit of our Forms I-9, we discovered that one of our employees had filled out the Spanish language Form I-9 instead of the English Form I-9. Is this an issue and if so, what should we do to correct this?

HRCaliforniaarticle

September 22, 2026

Coworker’s Off-Duty Conduct Wasn’t Harassment But Employer’s Response May Be

Recently, a California Court of Appeal held that, although an employee could not allege a claim for sexual harassment based on a coworker’s off-duty, nonwork-related sexual conduct, their claim could be based on the employer’s response to that conduct.

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September 18, 2026

DOL Opinion Letter on Travel Required During Meal Periods

On September 7, the U.S. Department of Labor (DOL) published three new opinion letters covering specific factual inquiries into federal Fair Labor Standards Act (FLSA) rules. Two opinion letters address volunteer work and tip sharing by restaurant managers. In this last opinion letter, the DOL explored whether travel required during a 60-minute meal period provided by an employer through a collective bargaining agreement (CBA) was compensable time. Keep in mind that California’s wage-and-hour laws may provide more or different rules than the FLSA, so employers need to be aware of both sets of laws.

HRCaliforniaarticle

September 18, 2026

Discovery of Sex-Based Discrimination Invalidates Arbitration Agreement

In 2021, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which allows victims of workplace sexual harassment and assault to invalidate mandatory arbitration agreements and pursue claims against their employers in court.

HRCaliforniahrca-extra

September 17, 2026

Harassment or Workplace Violence? How to Proceed When the Answer Is Both

California has many laws designed to keep employees safe in the workplace. For instance, California’s Fair Employment and Housing Act (FEHA) prohibits workplace harassment based on a legally protected characteristic, while California’s workplace violence prevention standards require employers to take steps to prevent workplace violence. Both laws impose specific obligations on employers to prevent harassment and workplace violence, promptly investigate triggering incidents and take remedial action when necessary to prevent recurrence.

HRCaliforniahrca-extra

September 17, 2026

New DOL Opinion Letters on Volunteering, Tip Sharing

On September 7, the U.S. Department of Labor (DOL) issued two new opinion letters covering specific factual inquiries into federal Fair Labor Standards Act (FLSA) rules regarding volunteer work and tip sharing by restaurant managers. A third opinion letter — on bona fide meal periods — will be covered in another blog.

HRCaliforniaarticle

September 17, 2026

VETS Opinion Letter Takes Broad View of USERRA Retaliation

Recently, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) issued an opinion letter taking a broad position on what it considers retaliatory action under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and bringing its interpretation in line with Title VII of the Civil Rights Act retaliation principles.

HRCaliforniaarticle

September 16, 2026

When an Employee Is Expecting: Register Now for Pregnancy, Bonding Leaves Webinar

Your employee walks in and announces they’re pregnant. Congratulations! But when an employee is expecting a child, employers must navigate a range of legal obligations. Do you need to do anything after this announcement? What if your employee says they have a high-risk pregnancy, and their doctor says they need to “take it easy”? What do you do if they announce they want to take eight weeks off for “maternity leave”?

HRCaliforniaarticle

September 10, 2026

From the Experts: Options to Consider When Regular Payday Falls on Weekend or Holiday

My company has been in business for less than a year, and when we started, we decided to go with a bimonthly pay schedule. Our paydays have always been on the 5th and the 20th of the month. I became concerned about the timing of paying my employees because the second payday this month falls on a Sunday. Do I have to pay my employees on the Friday before the payday? That will really shorten our time to process the payroll.

HRCaliforniaarticle

September 8, 2026

Drug Testing and the Workplace: Frequently Asked Questions

California has some of the most restrictive drug testing laws in the country — placing a high priority on individuals’ privacy rights and protection from discrimination alongside employers’ workplace safety concerns. While employers may have job applicants submit to pre-employment testing, testing current employees is much more complex with permissibility often depending on why the employer is conducting the test and surrounding factual circumstances.

HRCaliforniahrca-extra

September 3, 2026

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HRCalifornia Now News and Analysis

2026 Midyear Employment Law Update

Drug Testing Existing Employees: What California Employers Should Know

Stay ahead of what’s changing in California employment law

California Modifies Employment Discrimination Regulations to Include Automated-Decision Systems

2026 New Laws

From the Experts: Self-Audit Helps Ensure Prompt Correction of Form I-9 Errors

Coworker’s Off-Duty Conduct Wasn’t Harassment But Employer’s Response May Be

DOL Opinion Letter on Travel Required During Meal Periods

Discovery of Sex-Based Discrimination Invalidates Arbitration Agreement

Harassment or Workplace Violence? How to Proceed When the Answer Is Both

New DOL Opinion Letters on Volunteering, Tip Sharing

VETS Opinion Letter Takes Broad View of USERRA Retaliation

When an Employee Is Expecting: Register Now for Pregnancy, Bonding Leaves Webinar

From the Experts: Options to Consider When Regular Payday Falls on Weekend or Holiday

Drug Testing and the Workplace: Frequently Asked Questions

Get new HRCalifornia Now articles in your inbox.

Expert Workplace Commentary

Ready to stop guessing?

Stay ahead of what’s changing in California employment law

California Modifies Employment Discrimination Regulations to Include Automated-Decision Systems

2026 New Laws

From the Experts: Self-Audit Helps Ensure Prompt Correction of Form I-9 Errors

Coworker’s Off-Duty Conduct Wasn’t Harassment But Employer’s Response May Be

DOL Opinion Letter on Travel Required During Meal Periods

Discovery of Sex-Based Discrimination Invalidates Arbitration Agreement

Harassment or Workplace Violence? How to Proceed When the Answer Is Both

New DOL Opinion Letters on Volunteering, Tip Sharing

VETS Opinion Letter Takes Broad View of USERRA Retaliation

When an Employee Is Expecting: Register Now for Pregnancy, Bonding Leaves Webinar

From the Experts: Options to Consider When Regular Payday Falls on Weekend or Holiday

Drug Testing and the Workplace: Frequently Asked Questions