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California › Appeals › Employment Litigation

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

Jackson Lewis P.C.

California Court of Appeal Clarifies Sick Leave Calculation for Outside Sales Employees

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A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for...more

Bradley Arant Boult Cummings LLP

Doing Nothing in Response to a Report of Sexual Harassment Could Cost You Millions – the LAPD Recently Learned the Hard Way

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If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more

Proskauer - California Employment Law

Unsuccessful Whistleblower Was Not Entitled To Recover Attorney’s Fees

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Lampkin v. County of Los Angeles, 2025 WL 1874669 (Cal. Ct. App. 2025) - D’Andre Lampkin, a deputy in the Los Angeles County Sheriff’s Department, investigated a man whom he believed was soliciting a prostitute. (In...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

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Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

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The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Proskauer - California Employment Law

Nuclear Winter:  The Post-Verdict Battle in Employment Cases

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As we have previously reported here and here, “nuclear” verdicts from California juries in employment discrimination and harassment cases have become increasingly common over the past few years. Although these massive...more

CDF Labor Law LLP

Allison v. Dignity Health Provides Roadmap For Employers To Defeat Class Action Claims

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The First District Court of Appeal’s recently published decision, Allison v. Dignity Health, is a win for employers holding that broad reliance on time-clock data and expert surveys is insufficient to sustain class-wide...more

Davis Wright Tremaine LLP

California Employers Using Arbitration Agreements Want To Take Note of New Guidance From a Recent California Appellate Case

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California employers often require their new hires and current employees to sign arbitration agreements ("agreements") as a condition of employment or continued employment. To be enforceable, these agreements require that the...more

CDF Labor Law LLP

Unconscionable Employment Terms In Onboarding Documents Can Void Arbitration Agreements

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On June 13, 2025, a California Court of Appeal struck down an arbitration agreement because of unconscionable terms entered by the parties in a separate employment agreement, governing different dispute resolution fora and...more

Seyfarth Shaw LLP

False Start: U.S. Supreme Court Declines to Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

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On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it previously had granted in Laboratory Corporation of America Holdings v. Davis, No. 24-304 (U.S. June 5, 2025). In doing so,...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Holds an Employee Cannot Recover Damages for Defamation Related to a Wrongful Termination Claim

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The California Court of Appeal issued an important decision clarifying that an employee cannot recover damages for a defamation claim that is derivative of a wrongful termination claim. Defamation causes of action are often...more

Blank Rome LLP

California Supreme Court Hears Oral Argument on 30-Day Arbitration Fee Rule: Key Takeaways from Hohenshelt

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In our previous article, “Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes,” we explored the legal and practical challenges posed by California’s 30-day arbitration fee payment rule, codified in...more

Farella Braun + Martel LLP

Supreme Court Confirms That No Different Standard Applies to So-Called "Reverse Discrimination" Cases

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It is now well-established that “majority groups” are protected from discrimination under Title VII and California's Fair Employment and Housing Act. These so-called “reverse discrimination” lawsuits are often brought by...more

Epstein Becker & Green

A Fact-Intensive Inquiry: How California Courts Are Resolving Authenticity Disputes of Electronically Signed Arbitration...

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For more than a decade, California courts have wrestled with the challenge of how to resolve disputes over the authenticity of electronically signed arbitration agreements....more

Sheppard Mullin Richter & Hampton LLP

Will the California Supreme Court Put the Heads Back on Headless PAGA Suits?

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Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more

Ervin Cohen & Jessup LLP

California Court of Appeal Decision in Rose v. Hobby Lobby: No Recovery of Costs Against Nonparticipating State Agency

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On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Hanson Bridgett

California Employers Can Use Prospective Meal Break Waivers for Short Shifts

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In a significant win for employers, the California Court of Appeal recently affirmed that prospective, revocable meal period waivers for shifts between five and six hours are lawful under both the Labor Code and applicable...more

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

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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

Amundsen Davis LLC

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

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On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:...more

Weintraub Tobin

Are Prospective Meal Period Waivers Enforceable? YES – If Done Properly

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California Labor Code section 512 guarantees a thirty (30) minute, off-duty, meal period for employees after five (5) work hours, and a second thirty (30) minute, off duty, meal period after ten (10) work hours. Section 512...more

ArentFox Schiff

Reyes v. Hi-Grade Materials Co. – Continuing the Trend to Limit PAGA Gamesmanship

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The California Fourth District Court of Appeal’s decision in Reyes v. Hi-Grade Materials Co. continues the trend toward limiting plaintiffs’ abuse and improper weaponization of the California Private Attorneys General Act...more

CDF Labor Law LLP

PAGA Tactic Denied by Cal. Court of Appeal: Plaintiff Who Voluntarily Dismissed PAGA Claims Could Not Invoke Death Knell Doctrine...

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Last week, in Chavez v. Hi-Grade Materials Co., the California Court of Appeal took up a novel jurisdictional question: Can a putative class action plaintiff unilaterally ring the death knell for the entire class and create...more

Epstein Becker & Green

California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable

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In a surprisingly employer-friendly decision, the California Court of Appeal recently held that voluntary, prospective written meal waivers for shorter shifts, i.e., those that are more than five but no more than six hours in...more

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