On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. Adecco USA, Inc., __ Cal. App. 5th __ (2021), which will impact employers facing PAGA lawsuits. Moniz clarified...more
The Equal Employment Opportunity Commission (“EEOC”)—the agency tasked with enforcing federal labor laws—was deputized by Congress in 1972 with authority to bring lawsuits against employers for violating anti-discrimination...more
After a decade of ups and downs on the question of federal preemption, the Ninth Circuit Court of Appeals has upheld the Federal Motor Carrier Safety Administration’s (“FMSCA”) decision to preempt California’s meal and rest...more
On July 3, 2020, San Francisco enacted a temporary emergency ordinance requiring businesses with more than 100 employees to offer reemployment to employees laid off due to the COVID-19 pandemic. Known as the “Back to Work”...more
On April 14, 2020, the San Francisco Board of Supervisors unanimously passed the Public Health Emergency Leave Ordinance (PHELO). Mayor London Breed signed the ordinance into law on April 17, 2020, making it effective...more
On March 19, 2020, Los Angeles County and City officials issued separate orders which significantly restrict public mobility and business operation in Los Angeles in an effort to curtail the spread of the novel...more
On March 19, 2020, California Governor Gavin Newsom issued a mandatory “stay-at-home” order, directing all California residents to stay home or at their place of residence. This order has taken immediate effect and is in...more
On March 17, 2020, California Governor Gavin Newsom signed Executive Order N-31-20 to ease restrictions on commercial drivers engaged in support of emergency relief efforts. This new order was issued in conjunction with the...more
On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more
10/24/2019
/ Arbitration ,
Arbitration Agreements ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Exceptions ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Hiring & Firing ,
Human Resources Professionals ,
Labor Code ,
New Legislation ,
Pre-Dispute Arbitration ,
Preemption ,
Savings Clause ,
State Labor Laws
On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme...more
Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central District of California (the “Central District”) recently dismissed a truck...more
5/10/2019
/ Commercial Truck Drivers ,
Dismissals ,
Employment Litigation ,
FMCSA ,
Labor Code ,
Motor Carriers ,
Partial Summary Judgments ,
Preemption ,
Rest and Meal Break ,
State Labor Laws ,
Trucking Industry ,
Wage and Hour
With the rise of the #MeToo movement, companies have been forced to re-examine how they litigate and settle allegations of sexual harassment in the workplace. Specifically, companies are facing increasing criticism if they...more
11/20/2018
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Mandatory Arbitration Clauses ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws
In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more
12/10/2016
/ Ballot Measures ,
Corporate Counsel ,
Damages ,
Employee Benefits ,
Employer Liability Issues ,
Full-Time Employees ,
General Elections ,
Local Ordinance ,
Part-Time Employees ,
Private Right of Action ,
Wage and Hour
Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more
9/25/2015
/ Employer Liability Issues ,
Employment Contract ,
Events ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Non-Solicitation Agreements ,
Reimbursements ,
Religious Accommodation ,
Same-Sex Marriage ,
Sick Leave ,
Title VII ,
Unpaid Interns
Please join us for Sheppard Mullin's annual “Breakfast with Your Labor Lawyer." 2015 presents significant developments in California labor and employment laws. We will explain how these new developments will affect day-to-day...more
5/19/2015
/ Continuing Legal Education ,
Discrimination ,
Email ,
Employer Liability Issues ,
Events ,
Harassment ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Paid Sick Leave Act ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retail Workers Bill of Rights ,
Retailers ,
Retaliation ,
Sick Leave
Over the past several years the concept of “unlimited” vacation policies have sprung up around the philosophy that it allows companies to treat its employees with respect and empower them to make their own decisions regarding...more
The ability of employees to steal trade secrets, reveal customer lists, and expose proprietary business information with the press of a button is frightening. In over 85 percent of trade-secret cases, the alleged...more
In a recent panel discussion, one of the speakers was a so-called "ethical hacker" - a hacker-turned-protector of employers' confidential information. As someone at the forefront of cyberattacks, the ethical hacker's opinion...more
Originally published in The Recorder on March 22nd, 2013.
Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more