Constangy Webinar - Buckle Up, California! 2027 is Just Around the Corner

In this webinar, Constangy senior counsel Sandra Lepson and partner Michelle Meek walk California employers through the new employment laws taking effect in 2027 and 2028, recent court decisions shaping workplace advice and counsel, and the growing body of legislation governing artificial intelligence and workplace surveillance. Topics include revisions to California’s stay-or-pay ban, expanded protections against immigration-related retaliation, bereavement leave for designated persons, workplace violence restraining orders, automated decision systems, AI-related Cal-WARN notices, and new surveillance restrictions.

What Changed in California’s Stay-or-Pay Law for 2027?

Michelle explains how AB 1697 revises the stay-or-pay ban first enacted under AB 692, including a new operative date, a broadened bonus repayment exception, and new industry-specific exemptions. She reviews which core provisions remain unchanged, the conditions repayment agreements must still meet, the enforcement exposure employers face, and how organizations that already updated their agreements in 2026 should approach the changes.

Which New California Employment Laws Should Employers Prepare for in 2027 and 2028?

Michelle covers expanded protections against immigration-related retaliation under AB 2495, a uniform definition of sex discrimination under AB 2563, a new anti-hate speech component for mandatory harassment prevention training under AB 1803, bereavement leave for a “designated person” under SB 1149, and changes allowing employers to seek workplace violence restraining orders on behalf of all employees at a worksite. The presenters also answer audience questions on lawful employment verification and when employees may name a designated person.

What Recent Court Decisions Are Shaping Advice for California Employers?

Sandra and Michelle discuss Ninth Circuit decisions involving religious accommodation claims tied to COVID-19 vaccine mandates, including a $7.8 million jury verdict, a hostile work environment claim brought by a majority-group employee, and a ruling on whether an employee who uncovers a sexual harassment claim during arbitration can return to court under the EFAA. They outline what these cases signal for accommodations, complaint handling, and workplace investigations.

How Will California’s New AI Laws Affect Discipline and Termination Decisions?

Sandra breaks down key AI terminology and two guiding principles for using AI in the workplace, then examines SB 947, the “No Robo Bosses Act,” including its limits on automated decision systems, human oversight and disclosure requirements, and enforcement. She also discusses a pending lawsuit alleging AI-driven layoff selection and how the new law interacts with California Civil Rights Department regulations.

What New Notice and Surveillance Rules Apply When Employers Use AI?

Sandra reviews SB 951’s amendments to Cal-WARN for layoffs tied to AI or other automating technology, including what a technology displacement notice must contain. She also covers new restrictions on AI-powered emotional-state surveillance and neural data under AB 1883 and limits on surveillance tools in employee restrooms under AB 1331, with practical tips for vendor review and policy updates.

Key Takeaways for Employers

• Audit existing training repayment agreements, sign-on and retention bonuses, and relocation repayment provisions against the revised stay-or-pay requirements, and train recruiting and HR teams on updated terms and forms.
• Review anti-retaliation, complaint-handling, hiring, and employment verification practices, and train supervisors and recruiters on immigration-related comments that could cross the line.
• Update EEO statements, handbooks, and harassment prevention training to reflect California’s comprehensive definition of sex discrimination and the upcoming anti-hate speech training component.
• Revise bereavement leave policies to address designated persons, documentation requirements, and confidentiality safeguards.
• Inventory HR systems, vendor tools, and leave administration platforms that may qualify as automated decision systems, and build a documented human review process for discipline and termination decisions.
• Regularly audit automated decisions for bias and disparate impact, prepare Cal-WARN templates for technology displacement, and ask vendors what their monitoring tools infer, not just what data they collect.

Related Resources

• Constangy Legal Analysis: CA Employment Law Update: What Employers Need to Know
• In the News: Constangy Attorneys Outline Boundaries in California’s New AI Employment Laws for 2027

Webinar Speakers

Sandra Lepson
Senior Counsel
Sandra is senior counsel in Constangy’s Los Angeles office. Her practice covers class and representative actions, individual actions, and advice and counsel. She regularly drafts AI and employee handbook policies for employers and advises on leave administration.

Michelle Meek
Partner
Michelle practices in Constangy’s San Diego office, where she handles class and representative actions, individual actions, and advice and counsel for general counsel and HR clients.