Stokes Wagner Law Firm
Stokes Wagner

Earlier today, the Los Angeles City Council voted to skip the November ballot process and instead formally approve the City of Los Angeles Hotel Workers Ordinance (also known as the “Workplace Security, Workload, Wage and Retention Measures for Hotel Workers Initiative Ordinance”).

Read More...


Pennsylvania employers must take note of major changes to Pennsylvania’s regulations regarding tipped employees that will take effect on August 5, 2022. Many of these changes differ from federal law, but must be followed, because the federal Fair Labor Standards Act states that any state law more favorable to employees than the FLSA will take precedence. Key changes are as follows:

Read More...


On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California Private Attorneys General Act (PAGA). The Court’s decision means employees who signed arbitration agreements may not avoid arbitration of their individual PAGA claims. Further, once an employee’s PAGA claim is in arbitration, they have no standing to bring PAGA claims on behalf of other employees in court.

Read More...


New York will likely become the latest state to enact a “pay transparency” law, which, if passed as written, would require New York employers with four or more employees to include wage scales or salary ranges on any job postings for positions within the state. The bill, Senate Bill S9427, passed the New York State Legislature on June 3, 2022, and now awaits the approval of Governor Kathy Hochul. Senate Bill S9427 follows the passage of a similar New York City law that is set to take effect on November 1, 2022.

Read More...


Beginning on July 12, any employer with 20 or more employees who has workers either working in or teleworking out of San Francisco will need to comply with the amended version of the Family Friendly Workplace Ordinance (“FFWO”), which may be found here.

Read More...


On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to claims under Labor Code sections 203 (waiting time penalties) and 226 (inaccurate wage statements).

Read More...


The “Hotel Workers Initiative Ordinance” – a proposed hotel workers’ protections ordinance backed by UNITE HERE Local 11 – would require hotels in the City of Los Angeles to give additional protections and benefits to hotel workers. Earlier this month, dozens of hotel workers delivered the requisite petition of signatures to the Los Angeles City Clerk to qualify the Ordinance for presentation to the City Council. Now the City Council will decide whether to put the Ordinance on the voter ballot in November or outright adopt the law.

Read More...


For the third time, California has re-adopted and revised its COVID-19 Prevention Emergency Temporary Standards (“ETS”), mirroring current State and local regulations easing pandemic-related restrictions. While the ETS still require employers to establish and train employees on written prevention programs, Cal-OSHA has now removed several protocols including indoor masking, cleaning and disinfection, and vaccination status distinctions.

Read More...


Historically, employers have used noncompete agreements to prevent competition or dissemination of confidential information when an employee leaves a company. However, the last few years has seen the erosion of their enforceability across the country. Frequent readers of our legal updates will recall that on July 9, 2021, President Biden issued an executive order directing the Federal Trade Commission “to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” (See our legal update here.) State legislators and courts have begun restricting the noncompete before the federal government has had time to act.

Read More...


California law currently defines the “workweek,” by operation of its overtime rules, as 40 hours per week. Assembly Bill (“AB”) 2932 as proposed to the California Legislature, would cut the standard “workweek” to 32 hours per week for non-exempt employees of employers with more than 500 employees. As written, the bill provides for overtime pay for work performed beyond 32 hours in a week.

Read More...