Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
7/9/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available!
This year, we are thrilled to feature Hon. William McCurine as our keynote speaker.
The segments this year...more
5/7/2024
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
C-Suite Executives ,
California ,
Chief Compliance Officers ,
Chief Diversity Officer (CDOs) ,
Continuing Legal Education ,
Corporate Counsel ,
Data Reporting ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Events ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
7/26/2023
/ Arbitration ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to...more
As part of the continuing effort to respond to the COVID-19 pandemic, Governor Newsom has issued an Executive Order temporarily modifying the California WARN Act requirements for employers engaging in mass layoffs....more
Judge Kimberly Mueller of the District Court for the Eastern District of California today granted Plaintiffs’ motion for a preliminary injunction against AB 51...more
In a significant victory for California employers who use arbitration agreements, the California Supreme Court ruled (ZB, N.A. et al. v. Superior Court of San Diego County, S246711 (September 12, 2019)) that the recovery of...more
9/16/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
January ushered in many new developments across many employment law compliance categories. We hope the summary below will help you keep track of the changes most relevant for you:
Parental Leave - The Equal Employment...more
Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
Massachusetts’s new non-compete reform law lays...more
9/12/2018
/ #MeToo ,
Anti-Harassment Policies ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Brown ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
NYDOL ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual...more
7/27/2018
/ Anti-SLAPP ,
Defamation ,
Employer Liability Issues ,
Former Employee ,
Governor Brown ,
Hiring & Firing ,
Investigations ,
New Legislation ,
Privileged Communication ,
Sexual Harassment ,
Witnesses
Welcome back for this month’s edition of the Bubbler! There’s plenty to talk about, so let’s jump right in.
The California Supreme Court issued an important decision this week addressing the test for whether a worker is...more
5/9/2018
/ #MeToo ,
ABC Test ,
CA Supreme Court ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Pay Act ,
Independent Contractors ,
Misclassification ,
No-Poaching ,
Reasonable Accommodation ,
Sexual Harassment ,
Sherman Act ,
State Labor Laws ,
Wage and Hour
The Ninth Circuit Court of Appeals issued an important decision last week in Rizo v. Yovino, holding that an employer may not use an employee’s prior salary history to justify gender pay disparity under the federal Equal Pay...more
4/25/2018
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Salary/Wage History ,
Standard Operating Procedures ,
State Labor Laws ,
Title VII ,
Wage and Hour
Lots to talk about in the Labor & Employment world! The Massachusetts Pregnant Workers Fairness Act went into effect on April 1, 2018, imposing stricter non-discrimination rules on employers of pregnant workers. The U.S....more
Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly...more