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(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
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The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more
The California Labor Code generally requires that employers provide meal periods to non-exempt employees working more than five hours. However, the Labor Code provides that meal periods can be waived by agreement of the...more
In a recent opinion in Hill v. Walmart Inc., the Ninth Circuit affirmed summary judgment in favor of Walmart on Hill’s claim for waiting time penalties under Labor Code section 203, finding there was a good-faith dispute...more
On February 18, 2022, the California Court of Appeal issued its decision in Jill LaFace v. Ralphs Grocery Company, __ Cal. App. 5th __ (2022), that provides important guidance in two areas. First, the Court made clear that...more
On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more
The standards for “suitable seating” cases in California were set by the California Supreme Court’s landmark 2016 decision of Kilby v. CVS Pharmacy, Inc. Ever since this decision was handed down, employers and employee...more
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
The year 2019 brought a number of adjustments in the legal landscape for California employers – and meal periods were no exception. California appellate courts buckled down on the interpretation of statutory language in two...more
A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., No. 17-16096 (Jan-Pro) on May 2, 2019, holding that the recently adopted, three-pronged...more
Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more
Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating, or rest...more
• The California Court of Appeal recently expanded the application of reporting time pay to certain types of “on-call” shifts. • If an employer requires an employee to call in or otherwise contact the employer to find out...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
As we have covered extensively, the California Supreme Court dropped a proverbial bomb earlier this year in the Dynamex case when it adopted a new legal standard known as the “ABC Test,” making it much more difficult for...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more