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California Court Overturns Employee’s Jury Verdict in Reverse Discrimination Case

Norton v. San Bernardino City Unified School District, No. G049496 (October 9, 2014): A California Court of Appeal recently overturned a jury verdict against an employer on the basis that the jury was incorrectly instructed...more

11/25/2014 - Adverse Employment Action Appeals Employer Liability Issues Harassment Jury Instructions Jury Verdicts Race Discrimination School Districts Wrongful Termination

Who Decides the Issue of Class Arbitration?

Two districts of the California Court of Appeal recently issued significant decisions on arbitration agreements. In a published case, the Fourth Appellate District of the California Court of Appeal held that if the...more

11/25/2014 - Appeals Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Employer Liability Issues Iskanian PAGA Restaurant Industry Trucking Industry Unpaid Overtime Wage and Hour

California Employer That Did Not Gain Benefit From Employee’s Use of Car Is Not Liable for Accident

Lobo v. Tamco, No. E054523 (September 10, 2014): In a recent decision, the California Court of Appeal held that under the “going and coming” rule, an employer was not vicariously liable for an accident caused by an employee’s...more

11/3/2014 - Bodily Injury Car Accident Employer Liability Issues

In California, Who Decides If An Arbitration Agreement Covers Class Arbitration?

Network Capital Funding Corp. v. Papke, No. G049172 (October 9, 2014): A California Court of Appeal recently held that absent “clear and unmistakable” language in an arbitration agreement authorizing an arbitrator to decide...more

11/3/2014 - Arbitration Arbitration Agreements Class Action Employer Liability Issues Wage and Hour

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

10/31/2014 - Child Labor Civil Rights Act Discrimination Employer Liability Issues Farm Workers Health Insurance Independent Contractors Jerry Brown Minimum Wage New Legislation Paid Leave Retaliation Same-Sex Marriage Sick Leave Staffing Agencies Training Undocumented Immigrants Unemployment Benefits Unpaid Interns

Quit or Retired? It Makes No Difference When It Comes to Paying Final Wages in California

McLean v. State of California, No. C074515 (August 19, 2014): In a recent decision, a California Court of Appeal held that state law requirements for payment of final wages and waiting time penalties payable to employees who...more

10/3/2014 - Appeals Hiring & Firing Putative Class Actions Retirement Wages

California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

10/2/2014 - Employee Rights Employer Liability Issues Harassment Independent Contractors Internships Misclassification Paid Leave Sick Leave Unpaid Interns

Ninth Circuit Finds Police Officer with ADHD Not Disabled Under ADA

Weaving v. City of Hillsboro, No. 12-35726 (August 15, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that a police officer with attention deficit hyperactivity disorder (ADHD) was not disabled under the...more

10/2/2014 - ADA Corporate Counsel Disability Police

A Bird’s Eye View of the DFEH (Part 3): An Interview with Patti Perez on Reasonable Accommodations, the Interactive Process, and...

In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and...more

10/1/2014 - Assistive Animals CFRA DFEH Employee Rights Reasonable Accommodation

California Court: Exceeding Break Times and Falsifying Time Records Is Grounds for Disqualification from Unemployment Benefits

Irving v. California Unemployment Insurance Appeals Board, No. B243417 (September 12, 2014): The California Court of Appeal recently held that a former employee was not entitled to unemployment insurance benefits after being...more

10/1/2014 - Lying Rest and Meal Break Unemployment Benefits

California Legislative Update: August 2014

AB 2074 amends Section 1194.2 of the California Labor Code to allow an employee who alleges minimum wage violations to file suit for liquidated damages any time before the expiration of the statute of limitation on the...more

8/29/2014 - Employer Liability Issues Health Insurance Legislative Agendas Liquidated Damages Minimum Wage Pending Legislation Wage and Hour Waiting Periods

California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions

Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not...more

8/29/2014 - Appeals Corporate Counsel Dominos Employer Liability Issues Fast-Food Industry FEHA Franchises Restaurant Industry Vicarious Liability

California Court Interprets Vague Language in Arbitration Agreement in Favor of Employee

Rebolledo v. Tilly’s Inc., No. G048625 (July 8, 2014): In a recent decision, a California Court of Appeal held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement...more

8/29/2014 - Appeals Arbitration Arbitration Agreements Employer Liability Issues Putative Class Actions Wage and Hour

A Bird’s Eye View of the DFEH: An Interview with Patti Perez (Part 2)

In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and...more

8/29/2014 - CFRA DFEH Fair Housing New Regulations Proposed Regulation

A Bird’s-Eye View of the DFEH: An Interview with Patti Perez

From defining accommodation provisions for assistive animals to calculating pregnancy disability leave, the matters addressed by California’s Department of Fair Employment and Housing (DFEH) regulations are extensive. In this...more

8/1/2014 - DFEH Fair Housing

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the...more

8/1/2014 - Civil Rights Act Employer Liability Issues Sex Discrimination Title VII

California Legislative Update: July 2014

Governor Jerry Brown recently signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below....more

7/31/2014 - Affordable Care Act Employee Rights Healthcare Healthcare Reform Jerry Brown Legislative Agendas Same-Sex Marriage

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not...more

7/30/2014 - Appeals Employer Liability Issues FAAAA Independent Contractors Misclassification Trucking Industry Unfair Competition Wage and Hour

California Governor Signs Bill Giving Small Businesses Extra Time To Comply With ACA

On July 7, 2014, Governor Jerry Brown signed legislation that will give small business owners additional time to comply with the Affordable Care Act (ACA). The bill takes effect immediately as an urgency statute. Senate Bill...more

7/14/2014 - Affordable Care Act Employer Group Health Plans Employer Mandates New Legislation Small Business

Single Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules

On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby...more

7/7/2014 - Employee Benefits Unemployment Benefits Unemployment Insurance

California Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status

On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as...more

7/2/2014 - Class Action Class Certification Employer Liability Issues Exempt-Employees Media Misclassification Newspapers Non-Exempt Employees Wage and Hour

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

6/30/2014 - After-Acquired Evidence Employer Liability Issues FEHA Immigration Records Lost Wages Unclean Hands Undocumented Immigrants

Two California Appellate Decisions “Delegate” Authority From Courts to Arbitrators

Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration...more

6/30/2014 - Administrative Authority Appeals Arbitration Arbitration Agreements

Don’t Wait Until Trial Is Over to Raise Objection As to Court’s Jurisdiction, Says California Court

Kim v. Konad USA Distribution, No. G048443 (June 12, 2014): In a recent decision, the California Court of Appeal held that an employer that waited until a trial ended to raise an objection about exhausting administrative...more

6/30/2014 - Administrative Remedies Appeals Employer Liability Issues FEHA Jurisdiction

California Labor Commissioner Aims to Reach Broad Range of Workers With New Website

On April 30, 2014, California Labor Commissioner Julie Su launched a new website called Wage Theft Is a Crime. The website aims to educate workers in low-wage industries such as agriculture, hospitality, and construction...more

6/2/2014

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