As the economy continues to struggle amidst the ravages of 40-year-high inflation, employers are finding it increasingly difficult to maintain their current staffing levels.
While the tech industry has been the epicenter...more
As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional...more
Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the...more
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court,...more
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) -
While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an...more
CSV Hospitality Mgmt. LLC v. Lucas, 84 Cal. App. 5th 117 (2022) -
CSV Hospitality Management LLC obtained a restraining order under the Workplace Violence Safety Act against Jermorio Lucas who was living at the Aranda...more
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the...more
9/22/2022
/ Bereavement Leave ,
California ,
Corporate Counsel ,
Employment Discrimination ,
Governor Newsom ,
Labor Relations ,
New Legislation ,
Paid Family Leave Law ,
Paid Sick Leave ,
Pay Data ,
Pending Legislation ,
Workplace Safety
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by...more
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which...more
The Los Angeles County Superior Court has confirmed an arbitrator’s October 2021 award of $31 million to be paid by actor Kevin Spacey to producers of the Netflix show House of Cards for Spacey’s alleged breach of contract. ...more
On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at...more
7/18/2022
/ California ,
City of Los Angeles ,
Employees ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Wage and Hour
Summary Judgment Was Properly Granted To Employer In Whistleblower Case -
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)
Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code §...more
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme...more
6/24/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Federal Arbitration Act ,
Federal v State Law Application ,
Iskanian v CLS Transportation ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more
6/17/2022
/ Appeals ,
California ,
Compensation & Benefits ,
Conditional Job Offers ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Pre-Employment Health Screenings ,
Reimbursements ,
State Labor Laws ,
Travel Expenses ,
Wage and Hour
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more
5/26/2022
/ Adverse Employment Action ,
California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
FEHA ,
Hertz ,
Hiring & Firing ,
Infectious Diseases ,
State Labor Laws ,
Wage and Hour
California Relaxes Standard For Proving Whistleblower Claims -
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
3/18/2022
/ ADEA ,
California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Race Discrimination ,
State Labor Laws ,
Wage and Hour ,
Whistleblowers
Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more
3/16/2022
/ Background Checks ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Regulatory Agenda ,
State Labor Laws
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
2/10/2022
/ Anti-Retaliation Provisions ,
Burden of Proof ,
CA Supreme Court ,
California ,
Evidence ,
Labor Code ,
Labor Reform ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to...more
2/9/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Last month, California’s Occupational Safety and Health Standards Board (“OSHSB”) readopted and revised the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”). By and large, OSHSB’s revised ETS retain most of...more
1/12/2022
/ Cal-OSHA ,
California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Occupational Exposure ,
Quarantine ,
Virus Testing ,
Workplace Safety
The Los Angeles County Department of Public Health, which has responsibility for the County’s more than 10 million residents, kicked off the new year with a brand new Health Officer Order on January 5, 2022. Among other...more
1/10/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus...more
12/22/2021
/ California ,
Competition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fixed-Term Labor Contracts ,
Injunctive Relief ,
Netflix ,
No-Poaching ,
Recruitment Policies ,
Twentieth Century Fox ,
Unfair Competition Law (UCL)
Just as California’s employers and small businesses begin to recover financially from the COVID-19 pandemic, the state legislature is about to spring another tax increase on them. This time the money is needed to bail out the...more
Joining Tesla, Hewlett-Packard and Charles Schwab, Oracle, the world’s largest database management company, has announced that it will move its corporate headquarters from California to Texas. “We believe these moves best...more
Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it’s moving its global headquarters from San Jose, CA to Houston, TX and...more