An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more
Kuciemba v. Victory Woodworks Inc., 14 Cal. 4th 993 (2023)...
Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)...
Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more
Earlier this month, the National Labor Relations Board (the NLRB or the Board) released its highly anticipated decision in Stericycle Inc. The decision establishes a new, employee-friendly standard by which the Board will...more
Summary -
An employer must accommodate an employee’s religious beliefs unless it can show that doing so would “result in substantial increased costs in relation to the conduct of its particular business.” ...more
The United States Supreme Court issued its highly anticipated labor decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174 today. The 8-1 majority opinion is a win for management and...more
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Recent developments in the California Court of Appeal could impact pending or future Private Attorneys General Act (PAGA) litigation.
Though many employers anxiously await a decision in the pending California Supreme Court...more
In a 6-3 decision issued today, the United States Supreme Court held that a former employee of an offshore oil rig, who earned more than $200,000 a year, was eligible for overtime pay under the Fair Labor Standards Act...more
After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...more
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) -
Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct that...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more
9/12/2022
/ Dress Codes ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Section 7 ,
Tesla ,
Uniforms ,
Union Insignia ,
Unions ,
Wal-Mart
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) -
Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more
Viking River Cruises Inc. v. Moriana, 142 S.Ct. 1906 (2022) -
Summary: The FAA “preempts the rule of Iskanian insofar as it precludes division of Private Attorneys General Act ("PAGA") actions into individual and...more
On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...more
Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of waiting-time penalties pursuant to Labor Code section 203. ...more
5/17/2022
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) -
Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California...more
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...more
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) -
Summary: Heightened civil penalties under Labor Code section 226.3 ($250 & $1,000) do not apply to all violations of section 226, only when the employer...more
Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings.
Topics will include:
- Vaccine mandates and COVID-19-related considerations...more
11/19/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Labor Regulations ,
Legislative Agendas ,
New Legislation ,
Paid Family Leave Law ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Webinars
Welcome to the second edition of “Case in Point,” a series of short videos in which we recap key employment cases from the past quarter and discuss what they mean for employers in California.
In this 6-minute episode, Tyler...more
Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) -
Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more