California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
7/11/2017
/ Abuse of Discretion ,
Agricultural Workers ,
Attorney's Fees ,
Breach of Contract ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Form I-9 ,
Mortgage Servicers ,
Motion to Compel ,
Non-Exempt Employees ,
On-Duty Meal Period Waivers ,
Petition for Writ of Mandate ,
Punitive Damages ,
Rest and Meal Break ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Subpoenas ,
Underwriting ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Work-Product Doctrine
San Francisco has become the latest jurisdiction to pass a law restricting employers from inquiring about prior salary history during the hiring process. The ordinance, which will go into effect on July 1, 2018, will restrict...more
According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house...more
The California Labor Commissioner’s Office recently issued new guidance regarding the application and administration of the state’s paid sick leave law. The new guidance addresses the interplay between the law and...more
Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more
5/8/2017
/ Abuse of Discretion ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Anti-SLAPP ,
Appeals ,
Attorney's Fees ,
Automatic Stay ,
Car Accident ,
CEOs ,
Chapter 11 ,
Company Vehicles ,
Defamation ,
Disability Discrimination ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Grocery Stores ,
Hiring & Firing ,
Internal Reporting ,
McLane Co. v EEOC ,
Motions to Quash ,
Non-Disclosure Agreement ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Public Policy ,
Remand ,
Rescission ,
Resignation ,
Salary/Wage History ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standard of Review ,
Subpoenas ,
Unpaid Overtime ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices. Following on San Francisco and Emeryville’s lead, San Jose recently passed...more
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods -
Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) -
Jennifer Augustus filed this...more
1/10/2017
/ Anti-SLAPP ,
Appeals ,
Apple ,
Assault ,
Breach of Contract ,
CA Supreme Court ,
Car Accident ,
Class Action ,
Class Certification ,
CNN ,
Defamation ,
Delivery Drivers ,
Disability Discrimination ,
Discrimination ,
DLSE ,
Emotional Distress Damages ,
Employer Liability Issues ,
Equal Protection ,
FEHA ,
First Amendment ,
Free Speech ,
Hostile Environment ,
On-Call Employees ,
Preemption ,
Rest and Meal Break ,
Retaliation ,
Safe Harbors ,
Security Guards ,
Stock Options ,
Summary Judgment ,
Teamsters ,
Unions ,
UPS ,
Vacation Pay ,
Wage and Hour ,
Wage Statements ,
Wages ,
Workers' Compensation Claim ,
Wrongful Termination
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Break Time -
This week, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What...more
Aside from proposing potential carve-outs for small businesses under the new overtime rules that go into effect on December 1, 2016 and supporting six weeks of paid maternity leave, President-elect Trump has not discussed in...more
Newly Enacted California Statutes -
Minimum Wage Increases -
As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more
10/26/2016
/ Actors ,
Age Discrimination ,
Bonds ,
Choice-of-Law ,
Competitive Bidding ,
Criminal Background Checks ,
Criminal Records ,
DFEH ,
Distracted Driving ,
Domestic Violence ,
Domestic Workers ,
Earned Income Credit ,
Earned Income Tax ,
Employee Restrooms ,
Employment Contract ,
Entertainment Industry ,
Equal Pay ,
Equal Pay Act ,
Forum Selection ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Home Health Care ,
Human Trafficking ,
Immigrants ,
Job Applicants ,
Juveniles ,
Minimum Wage ,
Name and Likeness ,
NLRA ,
Online Platforms ,
OSHA ,
Paid Family Leave Law ,
Required Documentation ,
Sexual Assault ,
Sick Leave ,
Smartphones ,
Smoking Bans ,
Stalking ,
State Contractors ,
Venue ,
Wage and Hour ,
Wage Statements ,
Websites ,
Work Schedules ,
Workplace Safety ,
Wrongful Termination
Around this time last year, Section 1197.5 of the California Labor Code was amended by S.B. 358 in order to “eliminate the gender wage gap in California.” Among other things, the amendment sought to increase wage transparency...more
10/4/2016
/ Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
Wage and Hour
Ninth Circuit Strikes Down Employer's Class Action Waiver -
Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) -
As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
9/12/2016
/ Amusement Parks ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
DFEH ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Native American Issues ,
NLRA ,
Over-Time ,
Prompt Payment ,
Race Discrimination ,
Removal ,
Retirement Plan ,
Sovereign Immunity ,
Title VII ,
Wage and Hour
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC -
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) -
The EEOC filed suit against CRST (a trucking company) alleging...more
7/14/2016
/ Appeals ,
Apple ,
Arbitrary and Capricious ,
Attorney's Fees ,
Attorney-Client Privilege ,
Cartwright Act ,
Computer Fraud and Abuse Act (CFAA) ,
Constructive Discharge ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disability Discrimination ,
Economic Espionage Act ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Former Employee ,
Green v Brennan ,
Hiring & Firing ,
Judgment on the Merits ,
Lay-Offs ,
Misappropriation ,
Motions to Quash ,
Navarro v Encino Motorcars ,
Outside Counsel ,
Over-Time ,
Passwords ,
Permanent Injunctions ,
Personal Jurisdiction ,
Prevailing Party ,
Race Discrimination ,
Resignation ,
Restraining Orders ,
Reversal ,
SCOTUS ,
Service Advisors ,
Sex Discrimination ,
Sexual Harassment ,
Sherman Act ,
Statute of Limitations ,
Termination ,
Time Warner ,
Title VII ,
Tortious Interference ,
Trade Secrets ,
Unauthorized Access ,
Unpaid Overtime ,
Unpaid Wages ,
US v Nosal ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Violence
Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim -
Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) -
Luis...more
5/11/2016
/ Americans with Disabilities Act (ADA) ,
Association Discrimination ,
CA Supreme Court ,
Class Action ,
Conciliation ,
Disability Discrimination ,
Doffing ,
Donning ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Farmers Insurance ,
FEHA ,
Hostile Environment ,
Judicial Review ,
Mach Mining v EEOC ,
Medical Leave ,
Misclassification ,
Motion to Dismiss ,
Prevailing Party ,
Qui Tam ,
Raytheon ,
Reasonable Accommodation ,
Retaliation ,
SCOTUS ,
Seating ,
Sexual Harassment ,
Statistical Sampling ,
Subject Matter Jurisdiction ,
Suitable Seats Lawsuits ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
In yet another recent development on the hot topic of paid family leave, the San Francisco Board of Supervisors has unanimously approved local legislation requiring businesses to provide employees with up to 6 weeks of fully...more
Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed -
Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) -
David W. Sanders, a maintenance manager for Energy Northwest (a...more
3/17/2016
/ Bonuses ,
Breach of Contract ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Department of Labor (DOL) ,
Employee Training ,
Employment Contract ,
Energy Reorganization Act ,
Fair Labor Standards Act (FLSA) ,
Mootness ,
Over-Time ,
Protected Activity ,
Putative Class Actions ,
Reimbursements ,
Retaliation ,
Rule 68 ,
SCOTUS ,
Tip Credit ,
Tip-Pooling ,
Tolling ,
Unjust Enrichment ,
Wage and Hour ,
Whistleblowers
Newly Enacted California Statutes -
Paid Sick Leave Law Is Amended -
The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more
11/11/2015
/ Anti-Retaliation Provisions ,
Discrimination ,
E-Verify ,
Fair Pay Act ,
Grocery Store Workers ,
Labor Commissioners ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Sick Leave ,
Termination ,
Wage and Hour ,
Wage Statements ,
Whistleblowers
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more
10/21/2015
/ Accrual Method ,
Anti-Pay Secrecy ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
California Family Rights Act (CFRA) ,
Change in Control ,
Class Action ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
E-Verify ,
Employee Rights ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Enforcement ,
Equitable Relief ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Grocery Store Workers ,
Healthcare ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Job Applicants ,
Joint Liability ,
Labor Commissioners ,
Labor Standards Enforcement ,
Mandatory Arbitration Clauses ,
New Legislation ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Protected Activity ,
Protected Class ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Retaliation ,
Sick Leave ,
Social Security Administration (SSA) ,
Substantially Similar ,
Unpaid Leave ,
Unpaid Wages ,
Wage and Hour ,
Wage Garnishment ,
Wage Statements ,
Whistleblowers
Newly Enacted California Statutes -
The Word "Alien" Is Stricken From The California Labor Code -
Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
9/8/2015
/ ADEA ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Background Checks ,
CAFA ,
Cheerleaders ,
Class Action ,
Class Certification ,
Commercial General Liability Policies ,
Commercial Truck Drivers ,
Cumis Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
En Banc Review ,
False Claims Act (FCA) ,
First-to-File ,
Grocery Stores ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jurisdiction ,
Labor Code ,
Labor Commissioners ,
Misclassification ,
Motion for Summary Judgment ,
National Guard ,
New Legislation ,
Pretext ,
Qui Tam ,
Reasonable Accommodation ,
Removal ,
Rest and Meal Break ,
Retaliation ,
Title VII ,
Unfair Competition ,
Wage and Hour ,
Whistleblowers
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
7/17/2015
/ Anti-SLAPP ,
Appeals ,
Bad Faith ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Convictions ,
Costco ,
Department of Corrections ,
Disability Discrimination ,
Discovery ,
Disparate Treatment ,
EEOC v Abercrombie ,
Elonis v US ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
FBI ,
First Amendment ,
First-to-File ,
Forum Selection ,
Gender Discrimination ,
Good Faith ,
Hiring & Firing ,
In Forma Pauperis ,
Independent Contractors ,
Internships ,
Labor Code ,
Labor Commissioners ,
Leave of Absence ,
Lost Wages ,
Malicious Prosecution ,
Marshalls ,
Misappropriation ,
Misclassification ,
Motion for Summary Judgment ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Private Right of Action ,
Protective Orders ,
Putative Class Actions ,
Qui Tam ,
Reasonable Accommodation ,
Religious Discrimination ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Statute of Limitations ,
Statutory Rights ,
Tax Liability ,
Title VII ,
Trade Secrets ,
Unemployment Benefits ,
Unions ,
Unpaid Interns ,
Wage and Hour ,
Withholding Tax ,
Work-Induced Stress ,
Wrongful Termination
Greg Landers, who was employed as a cable services installer, brought suit individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him and the other employees minimum and overtime...more
In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one...more
CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more
Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated -
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015).
Avery Richey worked for Power Toyota Cerritos,...more