Departing from the ruling in Soltero v. Precise Distribution earlier this year, the California Court of Appeal in the Second District in Gonzalez v. Nowhere Beverly Hills LLC, created a split of authority regarding an alleged...more
12/11/2024
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Grocery Store Workers ,
Grocery Stores ,
Labor Law Violations ,
Motion to Compel ,
Non-Signatories ,
Wage and Hour
A new California law concerning employee noncompete agreements and clauses went into effect Jan. 1, 2024, and requires affected employers to take action by Feb. 14, 2024.
The new law, codified at Business & Professions...more
The Ninth Circuit Court of Appeal held that time spent logging in to start employees’ shifts should be compensable....more
The Sixth District California Court of Appeal held that despite evidence of neutrality of a rounding policy, the employer did not meet its burden of proof to show employees were properly compensated for all hours worked....more
The California Supreme Court published its decision in Gustavo Naranjo et al., v. Spectrum Security Services holding that employers who fail to pay for meal or rest break premiums, may also be responsible for waiting time and...more
If you are an employer in California, you are probably familiar with the various employment peculiarities in the state, such as the five-hour meal rule, four-hour (or major fraction) rest rule, piece rate rules, wage...more
Once in a while, the California Supreme Court makes a ruling which declares unlawful an employment practice previously perceived as lawful. Today, the California Supreme Court in Donohue v. AMN Services, LLC held that...more
On June 26, 2020, the U.S. Department of Labor (DOL) published guidance on when an employee may take leave under the Families First Coronavirus Response Act (FFCRA) to care for their child based on a COVID-19 related closure...more
7/1/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Field Assistance Bulletins ,
Paid Leave ,
School Closures ,
Sick Leave ,
Summer Camps
In April 2020 the Equal Employment Opportunity Commission (EEOC) provided guidance on the types of employee screening employers can perform to prevent the spread of COVID-19 in the workplace. In the April 2020 release the...more
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an overnight fix or a quick return to normal. Rather, it will be...more
Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
On April 16, 2020, Governor Gavin Newsom signed an industry-specific Order (Executive Order N-51-20), directing food sector “hiring entities” to provide up to two weeks of supplemental paid sick leave related to COVID-19....more
1. Can I ask employees to leave the workplace and stay home if I suspect they have COVID-19?
If an employee is exhibiting symptoms related to COVID-19 (i.e., cough, shortness of breath, fever) you may ask the employee to...more
With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more
3/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more
On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more
1/20/2020
/ Business Partners ,
Constructive Discharge ,
Employer Liability Issues ,
Established Business Relationship ,
Franchises ,
Healthcare Workers ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Liability ,
New Legislation ,
Public Policy ,
Retaliation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
1/2/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
1/2/2020
/ Adjudicatory Process ,
Adverse Employment Action ,
Appeals ,
Defense Strategies ,
Department of Corrections ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
Performance Reviews ,
Resignation ,
Retaliation ,
Sexual Harassment
Last in our series of California’s legislative updates is a summary of bills aimed at sexual harassment in the janitorial and construction industries...more
11/6/2019
/ #MeToo ,
Construction Workers ,
Corporate Culture ,
DLSE ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Janitorial Services ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Temporary Employees
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
10/25/2019
/ Cause of Action Accrual ,
DFEH ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
California’s 2019 legislative session recently ended, leaving employers with a number of new laws requiring compliance starting January 1, 2020. To assist employers, we are publishing a series of blogs, each dedicated to a...more
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more
10/11/2019
/ Class Action ,
Common Law Claims ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
Wage and Hour
Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities....more
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour