This month, the California Court of Appeals affirmed the trial court’s grant of summary adjudication to the employer in a disability discrimination case alleging violations of the Fair Employment and Housing Act (FEHA). The...more
9/26/2024
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Labor Law Violations ,
Reasonable Accommodation ,
Slip and Fall ,
Workplace Injury
On September 20, 2023, Governor Gavin Newsom signed Senate Bill No. 553 (“SB 553”) into law, which requires covered California employers to take steps to prevent and respond to workplace violence. Notably, SB 553 adds Section...more
The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...more
6/13/2023
/ Agribusiness ,
California ,
Day Laborers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Farm Workers ,
Farms ,
Joint Employers ,
Labor Code ,
Labor Contractor ,
State Labor Laws ,
Wage and Hour
In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more
While California’s Fair Employment and Housing Act (FEHA) generally holds employers strictly liable for harassment by a supervisor, a recent decision from the California Court of Appeal establishes an important limitation for...more
Employers face many challenges when enforcing employment arbitration agreements, including employees disavowing their handwritten signature on the arbitration agreement, claiming that they do not recall signing it. However,...more
The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more
11/10/2022
/ Biden Administration ,
Comment Period ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
Public Comment ,
Unfair Labor Practices ,
Union Membership ,
Unions
There have been over 4,500 monkeypox (MPX) cases in California so far this year. Cal/OSHA recently provided guidance on MPX to ensure California employees are best protected from the disease. The guidance applies to all...more
The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge...more
California employers have recently experienced a material uptick in lawsuits from employees seeking reimbursement for expenses incurred while working from home. These lawsuits seek a wide variety of expense reimbursement for...more