On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as...more
The California Senate Labor, Public Employment and Retirement Committee recently passed Senate Bill 1044, moving the legislation one step closer to a vote by the full state senate. SB 1044 would permit employees, without...more
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
Manicurist Can Proceed With Hostile Work Environment Claim -
Fried v. Wynn Las Vegas, 18 F.4th 643 (9th Cir. 2021) -
Vincent Fried, a manicurist at a salon in the Wynn Hotel in Las Vegas, was sexually propositioned by a...more
1/20/2022
/ Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hostile Environment ,
Labor Reform ,
Labor Regulations ,
Nonprofits ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Volunteers ,
Wage Statements ,
Wrongful Termination
Things aren’t looking so good for the long-term health of the Labor Code Private Attorneys General Act (“PAGA”).
On top of the U.S. Supreme Court’s granting review of a case challenging PAGA’s anti-arbitration rule and a...more
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
1/3/2022
/ Appeals ,
Charitable Organizations ,
Class Certification ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Tax Exempt Entities ,
Unpaid Wages ,
Volunteers ,
Wage and Hour
Ninth Circuit Resurrects California’s Anti-Arbitration Statute -
Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) -
The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
11/15/2021
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Contingency Fees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Labor Regulations ,
Lost Wages ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
UTSA ,
Wage and Hour
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or...more
9/27/2021
/ Amazon Marketplace ,
Cause of Action Accrual ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Quotas ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more
9/17/2021
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
Preliminary Injunctions ,
State Labor Laws
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more
7/28/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Requirements ,
State Labor Laws
Board of Directors Quota Law May Be Unconstitutional -
Meland v. Weber, 2021 WL 2521615 (9th Cir. 2021) -
n 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in...more
7/20/2021
/ Anti-SLAPP ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
State Labor Laws ,
Title VII ,
Unemployment Insurance ,
Wage and Hour
Last week, New York announced new tax increases that will subject certain of its residents to higher personal income tax rates than even Californians pay. Before the pages on that bill had cooled, the California legislature...more
It’s springtime in California! And even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing hundreds of new laws because, after all, you can never get too much of a good...more
Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims -
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) -
George Choochagi worked as a technical support manager for...more
3/19/2021
/ ABC Test ,
CA Supreme Court ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
California’s supplemental paid COVID-19 sick leave expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended...more
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal...more
The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, argued that...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. See our...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v....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
Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” -
Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) -
Allstate terminated Michael Tilkey, a 30-year employee who sold life...more
12/3/2020
/ Default Judgment ,
Employer Liability Issues ,
Employment Litigation ,
Financial Industry Regulatory Authority (FINRA) ,
Forum Selection ,
Hiring & Firing ,
Inevitable Disclosure Doctrine ,
Labor Code ,
NLRA ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Salaried Employees ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour ,
Wrongful Termination