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Waiver Saver: Second Meal Period Waivers for Health Care Employees are Enforceable

Over two years ago, we issued an advisory reporting on the potential litigation firestorm created by Gerard v. Orange Coast Memorial Medical Center, 234 Cal. App. 4th 285 (4th App. Div., 2015) (Gerard I) In Gerard I, a...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

California’s Proposition 64 Allows Employers to Continue Enforcing Drug-Free Workplace Policies

Employers with California operations may continue enforcing their drug-free workplace policies regardless of whether their employees use marijuana for medical or recreational purposes. When California voters passed the...more

Reversing Precedent, NLRB Drops Consent Requirement for Mixed Bargaining Unit of Temporary and Regular Employees

On July 11, the NLRB continued the expansion of joint-employer liability set forth in Browning-Ferris Industries, 362 NLRB No. 186 (Aug. 27, 2015) by eliminating the requirement that a union receive the consent of both the...more

California Poised to Expand State Equal Pay Law

On Sept. 1, California’s legislature sent Senate Bill No. 358 (the “Fair Pay Act”) to Governor Jerry Brown for signature. The Fair Pay Act amends California’s existing Equal Pay Act (Labor Code section 1197.5) in several...more

California Court of Appeal Upholds Provision Delegating Authority to Arbitrator to Resolve Disputes Concerning Enforceability of...

On May 15, 2014, the California Court of Appeal provided positive news to employers seeking to maintain and enforce arbitration agreements. In Tiri v. Lucky Chances, Inc., a unanimous First Appellate District panel reversed a...more

San Francisco Enacts Ordinance Restricting Employers’ Ability to Ask About and Use Criminal History

Effective Aug. 13, 2014, a new San Francisco ordinance prohibits private employers and city contractors from asking job applicants about their criminal history until after the first interview. The Fair Chance ordinance also...more

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