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Federal Ninth Circuit Court Of Appeals Rules FedEx Drivers Are Employees, Not Independent Contractors, Under Both California's and...

Class actions were brought against FedEx in both California and Oregon by FedEx drivers contending they had been misclassified as independent contractors. (Alexander, et al. v. FedEx Ground Package System, Inc. and Slayman,...more

8/29/2014 - Class Action Employee Rights Employer Liability Issues FedEx Independent Contractors Misclassification Popular Right to Control

Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of...

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for...more

8/28/2014 - Car Dealerships Fraud Hiring & Firing Termination Warranties

Prompt Payment Requirements That Apply to Employees Who Quit Also Apply to Employees Who Retire

California’s Third District Court of Appeal recently concluded that the final wage payment requirements and waiting time penalties prescribed by Labor Code sections 202 and 203 apply not only to employees who quit, but also...more

8/22/2014 - Appeals Corporate Counsel Employer Liability Issues Former Employee Hiring & Firing Labor Code Retirement Wages

Ninth Circuit Holds Alleged Retaliatory Actions Must Be Viewed in Context For Purposes of a First Amendment Retaliation Claim

In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer....more

8/22/2014 - Adverse Employment Action Corporate Counsel Employer Liability Issues First Amendment Protected Activity Retaliation SEIU

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city...more

8/19/2014 - ADA Employer Liability Issues Hiring & Firing Hostile Environment Termination

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor...

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the...more

8/11/2014 - Arbitration Employee Rights Mandatory Arbitration Clauses Wage and Hour Wages

California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less...

On July 21, 2014, the California Court of Appeal's Fourth Appellate District, Division One, affirmed the trial court's decision in Rhea v. General Atomics (July 21, 2014, D064517 ) ---- Cal.App.4th ---). In reaching its...more

7/25/2014 - Accrued Benefits Exempt-Employees Vacation Leave Vacation Pay

California Employers May Not Allocate Commissions Paid In One Pay Period To Different Pay Periods To Satisfy California Wage And...

The California Supreme Court recently considered whether an employer may allocate an employee's commission wages from one pay period to other pay periods in order to meet the commissioned employee overtime exemption. (Susan...more

7/17/2014 - Conflicts of Laws Corporate Counsel Employer Liability Issues Sales Commissions Wage and Hour

Update: Employee’s Refusal to Sign Written Disciplinary Notice Not “Misconduct” Under California Unemployment Insurance Code

Approximately two years ago, a California court of appeal held that an employee’s refusal to sign a disciplinary memorandum amounted to misconduct under the California Unemployment Insurance Code, disqualifying him from...more

7/10/2014 - Discipline Termination Unemployment Unemployment Insurance

California Supreme Court Rules that Employers May Require Employees to Arbitrate Employment Disputes Rather Than Go to Court, Even...

On Monday, June 23, 2014, the California Supreme Court issued its decision in the closely watched case of Iskanian v. CLS Transportation Logistics Inc. In a 4-3 opinion, the Court finally agreed that the Federal Arbitration...more

6/25/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian

U.S. Supreme Court Holds Sworn Testimony Relating to Public Employee’s Employment Protected by First Amendment Where Speech is...

Recently, the United States Supreme Court granted certiorari to resolve whether a public employee’s testimony in response to a subpoena is entitled to First Amendment protection where providing such testimony is outside the...more

6/24/2014 - Certiorari First Amendment Lane v Franks et.al Protected Activity Public Employees SCOTUS Subpoenas Testimony Trials

Delivery Drivers Classified As Employees Despite Signed Agreement Purporting To Establish Independent Contractor Relationship

Recently, the United States Court of Appeals for the Ninth Circuit, applying California law, concluded that delivery drivers who signed agreements stating they were independent contractors and not employees would still be...more

6/20/2014 - Classification Delivery Drivers Employer Liability Issues Independent Contractors Misclassification

Pharmacy Manager Fails To Prove Kaiser Had Actual Or Constructive Notice That He Was Working Off-The-Clock

In an appeal from summary judgment, a non-exempt Outpatient Pharmacy Manager (“OPM”) for Kaiser contended that the trial court erroneously held his proffered evidence insufficient to create a triable issue as to whether...more

5/29/2014 - Employer Liability Issues Healthcare Kaiser Permanente Pharmacies Wage and Hour Wages

Donning and Doffing Protective Gear Constitutes ‘Changing Clothes’ for Purposes of the FLSA

In a unanimous opinion, the United States Supreme Court held in Sandifer et al., v. United States Steel Corp., 571 U.S. __ (January 27, 2014) that the time employees spent “donning and doffing” protective gear was not...more

2/5/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

Police Officers’ Rights Were Not Violated During Investigation Into Discharge of Weapon

Three police officers alleged their rights were violated during an investigation into the off-duty discharge of a weapon. The court of appeal held that the police officers’ rights were not violated because the investigation...more

1/20/2014 - Investigations Police

California Highway Patrol Officer Who Cannot Perform Activities Required Of All Officers Is Entitled To Disability Benefits Even...

A California Court of Appeal has found that the Board of Administration of the California Public Employees' Retirement System ("CalPERS") erred when it denied a California Highway Patrol ("CHP") officer disability benefits...more

1/13/2014 - CalPERS Disability Disability Benefits Police

Attorney General Determines Business Location Where Employees Work For Someone Other than the Business Owner is a "Place of...

A state legislator requested an opinion from the Attorney General about whether a business site, at which the people working are employed by someone other than the business owner, is a "place of employment" as defined by the...more

12/31/2013 - Employment Policies Health Safety Smoking Bans Workplace Hazards

New Financial Liabilities for Employers Under the Unemployment Insurance Integrity Act Now in Effect

Originally passed in 2011 as part of the Trade Adjustment Assistance Extension Act of 2011 ("TAAEA"), the Unemployment Insurance Integrity Act ("Act") went into effect across the nation on October 21, 2013. The Act mandates...more

12/30/2013 - Hiring & Firing TAAEA Termination Unemployment Benefits Unemployment Insurance Integrity Act

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

12/3/2013 - Associational Retaliation Disability Disability Discrimination Discrimination Employer Liability Issues FEHA Termination Unpaid Leave

2013 Legislative Developments - Reference Guide

In this Reference Guide: - Wage/Hour Legislation - Prevailing Wage Legislation - Anti-Retaliation Legislation - Employee Leave Legislation - Discrimination/Harassment Legislation -...more

11/20/2013 - Anti-Retaliation Provisions Background Checks Compliance Criminal Background Checks Discrimination Employer Liability Issues FMLA Harassment Job Applicants OSHA Paid Leave Prevailing Wages Unpaid Leave Wage and Hour Workplace Hazards

Employee Not Required to Arbitrate FEHA Claims Where Language of Arbitration Agreement Is Permissive

While contractual claims arising from a collective bargaining agreement including an agreement to arbitrate are generally presumed arbitrable, the same presumption does not apply to statutory claims. Where an employee...more

11/20/2013 - Arbitration Arbitration Agreements Collective Bargaining FEHA Waivers

Fire Captain’s Comments in Daily Logs Held Subject to Firefighters Procedural Bill of Rights

Since 2008, California firefighters have enjoyed increased procedural protections under the Firefighters Procedural Bill of Rights (FFBOR) (Govt. Code § 3250 et. seq.). Section 3255 of FFBOR provides that “[a] firefighter...more

11/7/2013 - FFBOR Firemen Performance Reviews

Volunteer Firefighters Qualify as Employees Under Fair Labor Standards Act and Family Medical Leave Act

A volunteer firefighter alleged his termination violated the Fair Labor Standards Act (“FLSA”) and the Family Medical Leave Act (“FMLA”). The United States Court of Appeals for the Sixth Circuit reversed the district court’s...more

10/17/2013 - Firemen FLSA FMLA Hiring & Firing Termination Volunteers

Lawsuit for a Retaliatory or Discriminatory Firing under the Labor Code May Not Be Filed Until After Fired Employee Completes...

After complaining about a supervisor smoking in the office, an employee of the State Assembly was fired. Believing the firing was motivated by his complaint, the employee filed a lawsuit against the Assembly, claiming...more

9/4/2013 - Administrative Remedies Complaint Procedures Discrimination DOL Hiring & Firing Retaliation Termination

Substantial Evidence Test Applies In Administrative Appeal From University Of California’s Decision To Terminate Employee

A University of California employee sought review of the University’s decision to terminate his employment because he violated the policy against workplace violence or threats. The employee asserted that an independent...more

7/16/2013 - Administrative Appeals Hiring & Firing Substantial Evidence Standard Termination University of California

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