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Kin Care Law Amended To Permit Employees To Designate Sick Days As Kin Care Or Personal Sick Leave

On September 28, 2020, Governor Newsom signed Assembly Bill 2017, which revises Labor Code § 233 (also known as the “Kin Care” law) to provide that an employee has the right to designate sick leave as for kin care; or for the...more

California Supreme Court Holds That Plaintiffs Cannot Utilize Conversion Claims To Recover Unpaid Wages

The California Supreme Court recently held that the tort claim of conversion is not an appropriate vehicle for plaintiffs seeking recovery of unpaid wages. In Voris v. Lampert (Cal. 2019) Case No. S241812, the plaintiff...more

Federal Law Preempts California’s Meal And Rest Break Laws For Commercial Drivers

Judge George H. Wu of the United States District Court for the Central District of California recently dismissed meal and rest break claims brought under the California Labor Code in a class action against motor carrier U.S....more

Employers, Politics, And Free Speech

With political campaigns well underway, the protection of “free speech” and concerns that regular political discourse could create potential liability are mounting. Notably, within the last year, California’s Fair Employment...more

Does The De Minimis Defense Apply To California Labor Code Claims?

The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that...more

Plaintiffs Cannot Bring PAGA Claims If They Fail To Give Notice Of A Representative Action

In Hamid H. Khan v. Dunn-Edwards Corporation (January 4, 2018), the California Court of Appeal for the Second Appellate District held that the plaintiff failed to comply with required administrative procedures prior to...more

California Court Of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims And Not Arbitrable

In Lawson v. ZB, N.A. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated...more

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

SB 306 Expands Labor Commissioner’s Powers To Enforce Anti-Retaliation Laws

Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the...more

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