Effective this coming January 1, an employer will not be liable under the Fair Employment and Housing Act for in good faith seeking worker acknowledgment of personal bias as part of “bias mitigation training.” Government Code 12940.2

FEHA prohibits workplace discrimination, harassment, and retaliation over some 17 “protected classifications,” including race, gender and disability, empowering the Civil Rights Department to investigate and prosecute complaints. The Act also requires certain employers to provide anti-harassment and abuse prevention training. Best practices include employer initiatives to educate workers on anti-discrimination protections whether or not explicitly required by law.

Section 12940.2 defines “bias mitigation training” broadly to include training, education, and activities aimed at understanding conscious and unconscious thought processes and their impacts, and requires “specific strategies” to mitigate personal biases (e.g., assessments, workshops, toolkits, tracking mitigation efforts).

The law aims to promote full employee participation in such training, providing “assurances to both employees and employers … that the engagement necessary to make such trainings effective will not ultimately be used against them in a discrimination claim.”

Take-Aways:

A California employer should review policy and protocols to confirm the proper definition for its “bias mitigation trainings” and provide guidance that the protection applies only to good-faith acknowledgments of bias in the training context. Statements that admit or describe actual discriminatory acts remain fully usable in investigations and litigation.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Boundaries 101 - California’s Anti-Discrimination Legislation (August 1, 2025)
• Local Government Workplace Discrimination Laws Coming (November 15, 2024)
• 72 Million Reasons Not to Mess with Women: Employer Agrees to End Widespread Sex Discrimination (February 16, 2024)

Tim Bowles
December 5, 2025

In 2021, California passed California Labor Code 2810.8, effective through 2024, requiring some hospitality and business service industries to give rehiring preference to workers laid off because of the pandemic. In 2023, the legislature extended that law through 2025.

AB 858 (October, 2025) further extends the rehire right to January 1, 2027. A covered employee is “[anyone] was employed by the employer for six months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic.”

The law applies to workers in airport or airport hospitality operations and to airport service providers, building services, event centers, hotels, and private clubs. Such employers must notify eligible workers of job openings and prioritize those with the longest service for rehire.

A covered employer must also maintain certain records on laid-off employees, including name, address, last job classification, phone number, notices of job openings sent to the individual and any communications with the employee concerning job offers.

The Department of Labor Standards Enforcement may require offending employers to pay affected employees certain front pay and backpay for the duration of the violation.

Take-Aways:

Employers in the covered industries must continue to extend rehire rights to workers laid off because of the pandemic through 2026.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Extended Comeback Rights: Hospitality Workers to Receive Longer Rehire Protection (November 2023)
• Comeback Trail: Hotels, Security Services and Others Must Offer Openings to Pandemic-Affected Former Staff (April 2021)

Helena Kobrin
November 28, 2025

California’s Worker Adjustment and Retraining Notification (CalWARN) Act -- the state’s “mini-WARN” -- expands the federal WARN Act and requires advance notice before major workforce reductions. Effective January 1, 2026, SB 617 requires employers to expand CalWARN notice content to help workers access retraining, community resources, and public benefits.

The WARN Acts: State vs. Federal

Both federal WARN and CalWARN require employers to give advance notice before major layoffs or closures. They differ, however, in which employers are covered and which events trigger notice.

The federal WARN Act covers employers with 100+ full-time employees, or 100 employees working a combined 4,000+ hours per week (excluding overtime). It is triggered by plant closings affecting 50+ full-time employees or mass layoffs involving either (i) 50+ full-time employees constituting at least 33% of the workforce, or (ii) 500+ full-time employees. Employers must provide 60 days’ notice to employees, union representatives, and designated state and local officials.

CalWARN applies to employers with 75+ employees (full- or part-time) during the prior 12 months. Mass layoffs of 50+ employees in 30 days, plant closures, or relocations of100+ miles trigger the law. Like the federal law, CalWARN requires 60 days’ notice, but also mandates notice to specific California agencies and local governing bodies.

California employers with 100+ employees must comply with both statutes.

SB 617: New Notice Requirements for 2026

CalWARN notices issued on or after January 1, 2026, must include:

• A statement indicating whether the employer will coordinate job-transition assistance for affected employees through (i) the Local Workforce Development Board (LWDB) (the regional authority overseeing retraining and job-placement services), (ii) another organization, or (iii) none;
• The LWDB’s contact information and this description: “Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career;”
• A brief explanation of CalFresh’s food-assistance program including its helpline number and website; and
• A current employer email and phone number for employee inquiries.

Take-Aways:

Covered employers should verify current LWDB contact information and update layoff templates and procedures now to avoid last-minute compliance issues and to support a smoother transition for affected employees.

For further assistance, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin

See also:

• Personnel Records Access- Employee Rights Expanded (November 7, 2025)
• Fair Pay Full Disclosure – Compensation Protections Across All Pay Types (November 7, 2025)

Cindy Bamforth
November 21, 2025

California Government Code 12999 mandates businesses with 100 or more employees on payroll and/or hired through labor contractors submit an annual pay data report to the Civil Rights Department (CRD) “[on] or before the second Wednesday of May …”

Similar to the federal “EEO-1” protocol, the CRD report must include the number of employees by race, ethnicity, and sex in ten job or occupation categories, including: (1) executive or senior level officials and managers; (2) first or mid-level officials and managers; (3) professionals; (4) technicians; (5) sales workers; (6) administrative support workers; (7) craft workers; (8) operatives; (9) laborers and helpers; and (9) service workers.

Effective January 1, 2026, Senate Bill 464 amends section 12999 to require:

• Demographic information an employer or labor contractor gathers for its reporting requirements must be collected and stored separately from employees’ personnel records; and

• On CRD request, mandatory court imposition of civil penalties with $100 per employee for first filing failure and $200 per employee for subsequent violations.

Effective January 1, 2027, SB 464 overhauls section 12999, expanding from the above ten to 23 far more focused occupation reporting categories.

Take-Aways:

Employers with at least 100 employees on payroll and/or hired through labor contractors should prepare for these new 2026 and 2027 reporting requirements.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Pay Disparity: Gender Gaps Persist in Every Industry: Reporting Due May 8, 2024 (April 18, 2024)
• Payroll Data Reporting: May 8, 2024 Deadline for Companies with 100+ on Payroll (March 15, 2024)

Helena Kobrin
November 14, 2025

Seventh win in a row! Pasadena Weekly once again acknowledges us as the best firm in town. Thanks to everyone who voted and supported us. We continue to provide management trustworthy guidance through the rocks and shoals of California employment law.

Again, thanks.

Tim, Cindy, Helena and staff
November 14, 2025

Best of Pasadena winners seven years in a row.

Effective January 1, 2026, Senate Bill (SB) 642 expands California’s equal pay and pay-scale disclosure laws, strengthening pay-equity protections and transparency requirements.

California’s Equal Pay Act prohibits paying employees less for substantially similar work based on sex, race, or ethnicity. The state’s complementing Pay Transparency Law, effective 2023, requires employers with 15 or more on payroll to include pay ranges in job postings and bars the use of salary history in setting pay.

SB 642 revises both laws to increase compliance and enforcement requirements:

For all employers:

• Wages now include all forms of compensation, such as salary, overtime, bonuses, stock options, benefits, allowances, insurance, and expense reimbursements;
• Previously limited to two years (three if willful), recovery now extends to maximum six years compensation, with each unequal paycheck restarting the three-year statute of limitations filing period; and
• The term “sex” now covers all genders, including nonbinary and gender-nonconforming employees.

For employers with 15 or more on payroll:

• Pay scale must reflect a good-faith range the employer reasonably expects to pay at hire; and
• Employers must include that pay scale in job postings and provide it to employees upon request.

Take-Aways:

Employers should:

• confirm job posting pay ranges reflect actual hiring practices
• regularly audit total compensation (including bonuses and benefits) for consistency and equity
• train managers and hiring teams on the updated definitions and the salary-history ban; and
• continue to keep job title and wage-rate records for the duration of employment plus three years

For further assistance, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin

See also:

• Equal Pay Reporting - Substantial Penalties for Ignoring the May 14, 2025 Deadline (April 17, 2025)
• Employer’s Mandatory Show & Tell: New State Guidance on Pay Rate Transparency (January 13, 2023)
• For the Record: Sound Management Practices for Personnel Documentation (August 14, 2020)

Cindy Bamforth
November 7, 2025

Under Labor Code 1198.5, former and current employees have had the right once a year to inspect and receive copies of their personnel records relating to performance and grievances.

SB 513, effective January 1, 2026, expands access to include education and training documentation, to include:

(A) The employee’s name.

(B) The training provider’s name.

(C) The date and duration of the training.

(D) The core competencies of the training, including software or equipment skills

(E) Any resulting certification or qualification.

Employers must retain such records for a minimum of three years and respond to requests for inspection or copies within 30 days, with the option to extend to 35 days. Management may verify the identity of a records requester.

The statute also identifies records exempt from the production requirement, including potential criminal offense investigations, reference letters, certain ratings and others.

Failing to provide such records by the due date can subject the employer to a $750 penalty.

Take-Aways:

On receipt of a worker’s records request, management should promptly consult with a qualified attorney to ensure correct and timely compliance.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Avoiding Access Distress: California’s Employee Records Disclosure Requirements (June 3, 2022)
• Payroll Record-Keeping 101 (May 11, 2016)

Helena Kobrin
November 7, 2025

Starting January 1, 2026, California’s Assembly Bill (AB) 692 prohibits employers from requiring that employees pay money back simply because they quit or are fired. The law strengthens the state’s long-standing rule that protects employees’ right to change jobs freely.

What’s Changing:

Some employers have used “stay-or-pay” agreements, i.e., contracts that give workers a bonus, training, or tuition help on the condition that they repay those costs if they leave before a set date. For example, an employer pays $2,000 for graduate school and requires the employee to repay it if they resign within a year.

With limited exceptions, any such repayment term will be void, and employers who use them could owe actual damages or $5,000 per affected employee (whichever is more), and injunctive relief and attorneys’ fees.

What’s Now Banned:

Employers cannot require or enforce agreements that:

• Require employees to repay money, training costs, or debt after leaving a job;
• Speed up loan repayment or end a grace period when employment ends; or
• Impose any fee, cost, or penalty for resigning or being fired.

These rules cover anyone working in California, no matter where the contract was signed or which state’s law it cites.

Limited Exceptions:

Employers can’t charge workers for leaving a job unless the agreement falls under one of a few narrow exceptions -- most commonly, these two:

1. Educational or Training Programs

The program must lead to a transferable credential (like a license or certificate) and:

• The agreement is separate from the employment contract;
• Costs are fairly prorated (for example, the amount owed decreases as time passes); and
• Repayment applies only if the employee is fired for misconduct.

1. Retention Bonuses

Employers can still offer bonuses tied to staying with the company if:

• The employer and employee sign a stand-alone agreement;

• The employee has at least five business days to review it and seek legal advice;

• Repayment is interest-free, prorated (no longer than two years), and deferred until the end of the retention period; and

• Repayment applies only if the employee resigns voluntarily or is fired for misconduct.

Take-Aways:

Employers don’t need to change existing contracts, but they should use the rest of 2025 to review and remove any unenforceable “stay-or-pay” or repayment terms to ensure that all agreements made or updated on or after January 1, 2026, comply with AB 692.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Sweat The Details – Friendly Workplace Practices Audits Before PAGA Comes Calling (January 24, 2025)
• All Aboard Wage Obligations to New Hires (April 11, 2025)
• Employee Training Programs (March 29, 2011)

Cindy Bamforth
October 31, 2025

A California employee unable to vote in a statewide election outside of work hours is entitled to voting time off at either the beginning or end of shift. Upon receiving a voting receipt from the employee, the company must pay for up to two hours of that voting time.

If the employee knew the need for time off up to three days before the election date, he/she must provide management notice at least two days prior to that date.

Employers must post a notice of these voting rights at least ten days before an election date. The Secretary of State website provides a template in several languages.

Take-Aways:

With the upcoming November 4 election, employers must post that voting rights notice by tomorrow, October 25.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Grin and Bear It: Political Views in the Workplace (July 12, 2024)
• Work Time Off for Voting (June 7, 2024)

Helena Kobrin
October 24, 2025