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California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
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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
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
Internal investigations are among the most legally sensitive and operationally disruptive processes for employers—especially when allegations of sexual harassment, discrimination, or retaliation arise. The inherent complexity...more
Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more
The end of one thing is always the beginning of another. That also rings true for years end and new employment laws. It is time, once again, for all California employers to sit down, buckle up, and get ready for the 2025...more
California recently enacted two laws that expand the scope of discrimination claims and prohibit retaliation against employees for failing to participate in employer-sponsored meetings regarding religious or political...more
In the past few months, California Governor Newsom has signed numerous new employment laws affecting California employers of all sizes. Below is a summary of some of the laws going into effect in 2024....more
California enacted several new employment laws for 2024, summarized below, including expanded paid sick leave, leave for reproductive loss, protections for employee cannabis use, additional noncompete enforcement limitations,...more
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more
On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill No. 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to...more
On October 8, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) 497, which makes it easier for employees to establish retaliation claims in California....more
Join us on November 16, 2023, as Nossaman’s Allison Callaghan, Pavneet Singh Mac, Michelle McCarthy and Julia Botezatu discuss new California employment and employee benefits laws and regulations, as well as recent case law...more
Last week, Governor Newsom finished signing 890 bills into law from the 2023 legislative session, while also vetoing 156 bills. These decisions will have far-reaching implications for California employers....more
State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment disputes often involve a mix of state and federal claims, most of these cases...more
Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more
On September 29,2022, California’s Governor Gavin Newsom signed Senate Bill (SB) 1044, which prohibits an employer in the event of an emergency condition from taking or threatening adverse action against any employee for...more
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the...more
The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more
The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more
The California Supreme Court, in a critical decision, has answered a key question regarding whistleblower retaliation claims. Last year, the Ninth Circuit Court of Appeals certified an important question to the Court...more
In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements...more
California AG Rob Bonta issued an inaugural Labor Day Report highlighting ten key worker protections available in California and the California Department of Justice’s (“DOJ”) efforts to combat illegal employment practices...more
How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I...more