In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the...more
The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th...more
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more
Spring in California can only mean one thing, and no, it’s not Coachella, Dodgers games or even the return of the swallows to San Juan Capistrano—it’s the annual release of the California Chamber of Commerce’s list of “Job...more
4/13/2023
/ Business Closures ,
California ,
Caregivers ,
Criminal Convictions ,
FEHA ,
Healthcare Workers ,
Labor Code ,
Layoffs ,
Minimum Wage ,
Notice Requirements ,
Sick Leave ,
State Labor Laws
An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) -
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
4/3/2023
/ Arbitration ,
California ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Sexual Harassment ,
Wrongful Termination
On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow...more
In the California Legislature’s latest attack on the fast-food industry, Assemblymember Chris Holden (D-Pasadena) introduced the Fast Food Franchisor Responsibility Act (“AB 1228”). AB 1228 was introduced shortly after a...more
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus -
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) -
Joan Opara was terminated from her employment as an IRS revenue...more
2/9/2023
/ Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Criminal Convictions ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
In recent years, employees (and their lawyers) have taken a variety of approaches to challenging the enforceability of workplace arbitration agreements. One common tactic has been to claim that they “don’t remember signing...more
A California judge has ordered Farmers Insurance to pay almost $2.3 million in attorney’s fees to the lawyers of a successful whistleblower/former in-house attorney who claimed his role as a potential witness in a sex bias...more
In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees.
The...more
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
Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) -
La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for...more
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) -
In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before 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
Limon v. Circle K Stores Inc., 2022 WL 14391789 (Cal. Ct. App. 2022) -
Plaintiff Ernesto Limon was employed by Circle K (which operates gas stations and convenience stores in California) for just one month before filing...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
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) -
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) -
Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As...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
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) -
Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...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