Due to the strict labor laws in California designed to protect workers, it is critical for business owners to seek expert help and meticulously comply with relevant regulations. The Korea International Trade Association (KITA) of Southern California (Chairman: Han-Soo Kim) held a regular seminar on California labor law on the 19th. The seminar saw participation from corporate representatives, expatriates, and human resources and labor professionals working with Korean companies in California.

The main presenters were attorneys Yura Jeon and Celine Sim from “Lewis Brisbois,” along with Chanmi Song, an attorney dispatched from the Korean law firm HwaWoo. The event was conducted via Zoom.

Attorney Yura Jeon, the first speaker, emphasized, “California is particularly focused on worker protection, and employers must be aware that labor disputes can arise at any time and that defending against such disputes can be difficult.” She explained that while the federal government enforces the 1964 Civil Rights Act Title VII, California has its own Fair Employment and Housing Act (FEMA), which imposes stricter regulations. When federal and state laws conflict, employers must adhere to the stricter law, with California’s FEMA often being more stringent than federal law.

Attorney Jeon also introduced the “Workplace Violence Prevention Plan” (SB 533), effective from July 1, 2023, which mandates that all employers implement comprehensive plans to prevent workplace violence. Employers must identify potential risks, educate employees, conduct investigations, and keep records.

Attorney Celine Sim focused on the differences between California labor law and federal law, especially concerning overtime pay. She noted, “California law prohibits employees from working seven consecutive days in a week,” highlighting the importance of understanding these differences.

Sim emphasized the importance of resolving disputes through arbitration, which is typically faster and less costly than litigation. Arbitration is often more favorable for employers, as courts generally respect arbitration outcomes. Additionally, the time and legal costs associated with lawsuits can be significant, making arbitration a more practical solution.

Sim also stressed the need for employers to seek expert legal assistance when facing lawsuits. “Labor laws are amended annually, and the legal system is complex. Misinterpreting applicable laws can lead to significant financial losses, but consulting an expert can often resolve issues with a simple phone call,” she explained.

Scott Lee, an attorney at Lewis Brisbois and the seminar’s organizer, said, “California enforces strict labor laws to protect workers, so local businesses must be thoroughly prepared. I hope this seminar has provided companies with a valuable opportunity to understand the latest trends in labor law and devise strategies to prevent disputes.”

Hong-Yong Park, Reporter

<Hongyong Park>