Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees...more
1/14/2025
/ Anti-Retaliation Provisions ,
California ,
Collective Bargaining Agreements (CBA) ,
Compliance ,
Corporate Counsel ,
Employee Benefits ,
Employees ,
Employment Contract ,
Exempt-Employees ,
Natural Disasters ,
Non-Exempt Employees ,
Paid Leave ,
Pre-Employment Agreements ,
State Labor Laws ,
Wage and Hour ,
Wildfires
In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called...more
1/8/2025
/ Appeals ,
Arbitration Agreements ,
California ,
Civil Monetary Penalty ,
Class Action ,
Employee Rights ,
Employment Contract ,
Employment Litigation ,
Independent Contractors ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana
As 2024 came to a close, yet another California jury delivered a massive award to an individual plaintiff in an employment discrimination case. This time, it was an award of over $11 million by a San Diego jury to a medical...more
The California Department of Industrial Relations (DIR) has released updated guidance clarifying how the state’s latest statutory enactments will impact employers’ paid sick leave obligations. Specifically, as we reported...more
The California Labor Workforce Development Agency (LWDA) recently refreshed its Frequently Asked Questions (FAQs) regarding Private Attorneys General Act (PAGA) claims processing in light of the recent legislative reforms....more
Unbowed and unbroken, California continues to work toward creating that Workers’ Paradise in the Sun, and this legislative session did not disappoint! Here are the latest new laws that will take effect by the first of the...more
It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming...more
We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
10/1/2024
/ Anti-Discrimination Policies ,
EEO ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Fraudulent Concealment ,
Hostile Environment ,
Non-Compete Agreements ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Reasonableness Factors ,
Retaliation ,
Slurs ,
Social Media ,
Termination ,
Uber ,
Unions
Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more
Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more
8/9/2024
/ Arbitration ,
Cause of Action Accrual ,
Compensatory Damages ,
Corporate Counsel ,
Employer Liability Issues ,
Jury Instructions ,
Jury Trial ,
Litigation Strategies ,
Punitive Damages ,
Retaliation ,
Risk Management ,
Sexual Assault ,
Sexual Harassment
Chevron announced on Friday its plans to relocate its headquarters from Northern California to Houston, Texas. Chevron first began doing business in California nearly 150 years ago in 1879 with the incorporation of the...more
Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute -
Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) -
Erika Paleny alleged harassment, discrimination and...more
8/1/2024
/ ADEA ,
Age Discrimination ,
Appeals ,
Arbitration Agreements ,
Background Checks ,
Chevron Deference ,
Chevron v NRDC ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
FEHA ,
Fraud ,
Loper Bright Enterprises v Raimondo ,
Lyft ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
SCOTUS ,
Settlement ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Whistleblowers
For the past 40 years, federal administrative agencies have enjoyed broad latitude in interpreting statutes passed by Congress. Known as “Chevron deference,” courts have routinely deferred to the agencies’ often politically...more
On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more
We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
5/23/2024
/ Arbitration ,
Attorney's Fees ,
California ,
Employee Transfers ,
Employment Discrimination ,
Hostile Environment ,
Malicious Prosecution ,
Muldrow v City of St Louis ,
NASA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stock Options ,
Wages
The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more
Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more
4/11/2024
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-SLAPP ,
Appeals ,
Civil Rights Act ,
FEHA ,
First Amendment ,
Gender Identity ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) -
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...more
Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) -
The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...more
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) -
Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more
Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) -
Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more
Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024) -
For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc....more