California Employment Lawand the Dangers of Retroactivity Paul J. Leaf Wide-reaching – and sometimes unexpected – changes in employment law are important to all businesses in the US, because they must continually ensure their compliance with fast-evolving and hyper-technical legal requirements. These challenges are compounded for larger companies with a national footprint, given that employment law requirements may differ in each state. California is a perfect example, where its Supreme Court frequently announces law unique to that state and applies its rulings retroactively. This compels organisations to constantly partner with legal counsel to anticipate upcoming decisions or risk significant class action and representative PAGA lawsuits for past and future conduct. This month, we have the fortune to hear from Seyfarth Shaw partner Paul J. Leaf. In this featured article, he draws upon his wealth of experience in California employment law to explain the pitfalls of and defences to retroactively applying new California Supreme Court rulings, while also delving into ongoing developments in California employment law. Feature of theMonth 12 LAWYERMONTHLYDECEMBER 2022
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