Last year, in Naranjo v. Spectrum Security Services, Inc., 13 Cal.5th 93 (2022), the California Supreme Court held that an employer’s failure to timely pay premium pay for meal and rest break violations could subject the...more
This past month, the California Supreme Court granted a petition to review the Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc.
As we wrote about previously, the Court of Appeal in Camp departed from a...more
In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more
While neutral rounding policies have historically been approved by California courts, the Sixth District California Court of Appeal recently held in Camp v. Home Depot, 84 Cal.App.5th 638 (2022), that employers who utilize...more
The US Supreme Court has held that airline cargo loaders who load and unload cargo from planes that travel across state lines are exempt from the Federal Arbitration Act (FAA) because they belong to a “class of workers...more
In 2021, trade secrets and non-competes continued to garner attention on the national stage. Non-competes were the focus of significant legislative activity at both the federal and local levels, while trade secrets lead to...more
On October 7, 2021, Governor Newsom signed the Silenced No More Act (SB-331), which expands existing restrictions on the use of non-disclosure agreements (NDAs) in settlement agreements based on claims of workplace...more
The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more
In November 2020, California voters passed a ballot initiative, Proposition 22, by an overwhelming majority. Proposition 22 exempts certain app-based drivers from the requirements of California’s Assembly Bill 5 (AB 5) by...more
On June 9, 2021, in Professional Transportation, Inc., 370 NLRB No. 132 (2021), the National Labor Relations Board held that the offer of Local 1077 of the United Electrical, Radio & Machine Workers to handle or collect an...more
Two recent California appellate decisions will impact wage and hour class actions and representative actions.
Donohue v. AMN Services, LLC -
California law requires that employers “must generally provide employees with...more
As increasing scrutiny was cast at the state and federal level on noncompetition agreements and other restrictive covenants, companies were forced to assess their ability to safeguard trade secret information. Not to mention...more
3/8/2021
/ Anti-Raiding ,
Confidentiality Agreements ,
Coronavirus/COVID-19 ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Litigation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
The Copyright Act ,
Trade Secrets
In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more
On November 19, 2020, the California Occupational Safety and Health Standards Board (the Board) unanimously approved a set of emergency COVID-19 safety regulations that significantly expand the responsibilities of most...more
12/3/2020
/ Cal-OSHA ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employee Training ,
Labor Regulations ,
Masks ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Remote Working ,
Social Distancing ,
Telecommuting ,
Virus Testing ,
Workplace Safety