California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...more
As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional...more
Summary Judgment Was Properly Granted To Employer In Whistleblower Case -
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)
Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code §...more
A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more
6/17/2022
/ Appeals ,
California ,
Compensation & Benefits ,
Conditional Job Offers ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Pre-Employment Health Screenings ,
Reimbursements ,
State Labor Laws ,
Travel Expenses ,
Wage and Hour
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more
5/26/2022
/ Adverse Employment Action ,
California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
FEHA ,
Hertz ,
Hiring & Firing ,
Infectious Diseases ,
State Labor Laws ,
Wage and Hour
Former UCLA Physician Can Proceed With Whistleblower Claims -
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) -
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more
5/23/2022
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
CAFA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Forced Labor ,
Hiring & Firing ,
Labor Code ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Many employers undertake routine background checks as part of their hiring process. To be effective, of course, the process has to be completed in a timely manner....more
3/16/2022
/ Background Checks ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Regulatory Agenda ,
State Labor Laws
As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity. And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a...more
A recent ResumeBuilder survey found that 32% of Americans admit to lying on their resume. In the current highly active labor market, with 65% of employees searching for a new job according to the PwC US Pulse Survey,...more
Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee -
Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021)
William “Bo” Maner worked as a...more
9/20/2021
/ Age Discrimination ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Non-Solicitation Agreements ,
Ownership Interest ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Romances
A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more
9/9/2021
/ Compensatory Damages ,
Disability Discrimination ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Housing Discrimination ,
Lost Wages ,
Punitive Damages ,
Reasonable Accommodation ,
Regulatory Violations ,
Wrongful Termination
A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac...more
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more
7/28/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Requirements ,
State Labor Laws
The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance. Bruni v. The Edward Thomas Hospitality Corporation....more
Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims -
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) -
George Choochagi worked as a technical support manager for...more
3/19/2021
/ ABC Test ,
CA Supreme Court ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
On January 26, 2021, a computer programmer and coder named Leah Snyder filed a lawsuit against her former employer (Snyder v. Alight Solutions LLC (8:21-cv-00187)), alleging she was wrongfully terminated after she posted...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. See our...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v....more
Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” -
Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) -
Allstate terminated Michael Tilkey, a 30-year employee who sold life...more
12/3/2020
/ Default Judgment ,
Employer Liability Issues ,
Employment Litigation ,
Financial Industry Regulatory Authority (FINRA) ,
Forum Selection ,
Hiring & Firing ,
Inevitable Disclosure Doctrine ,
Labor Code ,
NLRA ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Salaried Employees ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour ,
Wrongful Termination
Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) -
Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s...more
King v. U.S. Bank Nat’l Ass’n, 52 Cal. App. 5th 728 (2020) -
Timothy King sued his former employer for defamation, wrongful termination in violation of public policy, and breach of the implied covenant of good faith and...more
Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) -
Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more
IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020) -
The Ninth Circuit has affirmed the district court’s grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of...more
Bostock v. Clayton County, 590 U.S. ___, 140 S. Ct. 1731 (2020) -
The question for the United States Supreme Court in this (and two companion cases) was whether Title VII of the Civil Rights Act of 1964 is violated by an...more
Galeotti v. International Union of Operating Eng’rs Local No. 3, 2020 WL 2188995 (Cal. Ct. App. 2020) John Galeotti, a former business agent for the union, alleged he was wrongfully terminated for refusing to contribute money...more