Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more
6/30/2025
/ Ames v Ohio Department of Youth Services ,
Anti-Discrimination Policies ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Evidentiary Standards ,
Gender Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Title VII
Last week, Governor Newsom signed Assembly Bill (AB) 2288 and Senate Bill (SB) 92, which amended California’s Private Attorneys General Act (PAGA). Since 2004, PAGA has created challenges for California employers because it...more
The Supreme Court issued its opinion in Ferra v. Lowes Hollywood Hotel, LLC yesterday, ruling that when employers calculate meal or rest break premium pay, they must calculate and pay the premium based on the employee’s...more
On June 23, 2021, the Supreme Court of the United States in Cedar Point Nursery v. Hassid held in a 6–3 decision that Cal. Code Regs., tit. 8, § 20900(e)(1)(c)—which granted union organizers a right of access to private farm...more
6/28/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
Yesterday, Cal/OSHA adopted revised COVID-19 Prevention Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order to allow those revisions to take immediate effect. Some of these changes are...more
6/18/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
Executive Orders ,
Governor Newsom ,
Health and Safety ,
Masks ,
Notice Requirements ,
Occupational Exposure ,
Sick Employees ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The California legislature enacted several new laws in 2020 that will impact California employers next year. Below is a summary of three of the most important laws taking effect on January 1st. These laws apply to both large...more
Employers Cannot Require Antibody Testing -
On June 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19 issues and clarified that employers cannot require workers to submit to...more
Last week, in Bostock v. Clayton County, Georgia, the Supreme Court held that an employer who terminates an individual for being gay or transgender violates Title VII of the 1964 Civil Rights Act. Justice Gorsuch authored the...more
6/29/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As California begins planning to enter Stage Two of the reopening of California, there are still many questions and uncertainties surrounding how businesses will handle their employees’ health and safety moving forward. On...more
Last week, the Department of Labor (“DOL”) issued new regulations regarding the Families First Coronavirus Response Act (“FFCRA”). These regulations address a variety of topics, including which employees are eligible for...more
Last week, the Department of Labor (“DOL”) issued additional guidance regarding the Families First Coronavirus Response Act (“FFCRA”). The guidance addresses a variety of topics.
Below are some of the highlights:
The...more
As employers navigate the economic impacts of COVID-19, they may consider participating in the Employment Development Department’s (“EDD”) Work Sharing Unemployment Insurance Program (“WSP”) as an alternative to employee...more
On Thursday, March 19, 2020, the President signed the “Families First Coronavirus Response Act,” which includes the “Emergency Family and Medical Leave Expansion Act” and the “Emergency Paid Sick Leave Act.” Both laws apply...more
On March 4, 2020, California Governor Gavin Newsom proclaimed a State of Emergency in California as a result of the COVID-19 pandemic. Since then, the virus has spread and continues to threaten the health and safety of...more
Last week, in Frlekin v. Apple, Inc., the California Supreme Court held that employee exit searches constituted compensable “hours worked” under California law.
Under its “Employee Package and Bag Searches” policy, Apple...more
Last week, the California Supreme Court ruled in favor of a former Starbucks employee seeking compensation for time spent closing the store after clocking out. This decision in Troester v. Starbucks may limit the ability of...more
7/31/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
In a less-than-favorable decision for employers – Alvarado v. Dart Container Corporation – the California Supreme Court addressed how to calculate the overtime pay rate when the employee earns a non-production, flat sum bonus...more
6/29/2018
/ Bonuses ,
CA Supreme Court ,
Compensation & Benefits ,
DLSE ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Payroll Periods ,
State Labor Laws ,
Wage and Hour
In Epic Systems Corp. v. Lewis, the U.S. Supreme Court reaffirmed that employers subject to the Federal Arbitration Act (“FAA”) can require employees to arbitrate their disputes individually and waive the right to pursue...more
On Wednesday, a closely-divided Supreme Court struck down compulsory union fees as a violation of the First Amendment rights of public employees. The decision, rendered in Janus v. AFSCME, will have a seismic impact on public...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
On Monday, in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, the California Supreme Court adopted a legal test that may make it far more difficult for employers to classify workers as independent...more