Land v. CUIAB, 2020 WL 5200858 (Cal. Ct. App. 2020) -
Justin Land’s employer terminated his employment as a field service specialist based upon his “violation of company policy,” involving his failure to finish a job or...more
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) -
Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she...more
Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family...more
Judd v. Weinstein, 967 F.3d 952 (9th Cir. 2020) -
Actor Ashley Judd brought this sexual harassment claim against motion picture producer Harvey Weinstein under Cal. Civil Code § 51.9, which prohibits such harassment in...more
Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code. The new statute, which takes effect January 1, 2021, requires that employers notify...more
Last Friday, September 4, Governor Newsom signed AB 2257, which includes a slew of modifications to the now-infamous AB5, which went into effect this year and codified the strict ABC independent contractor test, which we have...more
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more
8/25/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Uber ,
Wage and Hour
David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) -
Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...more
In 2018, actress Ashley Judd (“Judd”) sued producer Harvey Weinstein (“Weinstein”) for sexual harassment, defamation, intentional interference with prospective economic advantage, and unfair competition. Judd alleges that...more
The California Chamber of Commerce has just identified 10 recently introduced “job killer” bills that have been proposed by the California legislature.
Worth noting are the following...more
Today, the Attorney General of California and the City Attorneys for Los Angeles, San Francisco, and San Diego filed a lawsuit against Uber and Lyft, alleging that the companies willfully misclassify their drivers. The suit...more
Employers who have laid off workers due to COVID-19 may soon be required to rehire the laid off workers before they can hire any new employees.
The Los Angeles City Council unanimously approved a measure giving specified...more
Time Spent By Employees In Exit Searches Is Compensable -
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United...more
3/17/2020
/ CA Supreme Court ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Non-Compete Agreements ,
Rules of Professional Conduct ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Workers' Compensation Claim
On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements....more
As we reported previously, Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court...more
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) -
David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by...more
As we reported previously, the California legislature recently passed and Gov. Newsom signed into law Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration...more
On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more
12/16/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State Labor Laws
As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more
12/12/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
New Legislation ,
Preemption ,
State Labor Laws
In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement. These developments include new restrictions on confidentiality and...more
12/2/2019
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Corporate Counsel ,
Federal Arbitration Act ,
FEHA ,
Non-Disparagement Provisions ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Statute of Limitations
Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners -
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) -
Todd Hawkins and Hyung Kim were terminated from their jobs as...more
11/11/2019
/ ABC Test ,
Anti-SLAPP ,
DFEH ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
FEHA ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
McDonalds ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
State Labor Laws ,
Tipped Employees ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
Last week, we blogged about the avalanche of new labor laws that California employers will face in 2020. Here are two late additions to the list — just in time for Halloween!...more
Here’s a comprehensive list of the new employment-related statutes enacted and signed into law in the Golden State (effective Jan. 1, 2020 unless otherwise specified)...more
10/15/2019
/ Arbitration Agreements ,
Bias ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employee Training ,
Employment Discrimination ,
FEHA ,
Hairstyle Discrimination ,
Independent Contractors ,
New Legislation ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Statute of Limitations
On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their...more
10/14/2019
/ #MeToo ,
Arbitration Agreements ,
Corporate Counsel ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Governor Newsom ,
Lactation Accommodation ,
New Legislation ,
Preemption ,
State Labor Laws ,
Statute of Limitations
Yesterday September 12, 2019, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal....more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour