Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more
8/20/2024
/ Appeals ,
Arbitration Agreements ,
CA Supreme Court ,
California ,
FEHA ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Motion to Dismiss ,
Race Discrimination ,
Retaliation ,
Reversal ,
Slurs
Garcia v. Stoneledge Furniture LLC, 102 Cal. App. 5th 41 (2024) - Summary: Although parties may delegate questions regarding the validity of an arbitration agreement to the arbitrator, the delegation presupposes the existence...more
It is time to take stock of where we are with potential new employment-related laws now that we have passed the first major deadline in California’s legislative calendar. May 24 marked the deadline for pending legislation to...more
Summary: An employer waives its right to arbitration if it fails to pay its share of the arbitration filing fee within 30 days of the payment’s due date....more
“Double-dipping” (sometimes called “overemployment”) refers to employees working multiple jobs, often full time. In many circumstances, the multiple employers are unaware of one another. Double dipping creates legal...more
Summary -
Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more
9/22/2023
/ Appeals ,
CA Supreme Court ,
California ,
FEHA ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Remand ,
State Labor Laws ,
Statute of Limitations
Kuciemba v. Victory Woodworks Inc., 14 Cal. 4th 993 (2023)...
Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)...
Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more
Summary -
An employer must accommodate an employee’s religious beliefs unless it can show that doing so would “result in substantial increased costs in relation to the conduct of its particular business.” ...more
A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more
Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more
Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more
Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) -
Summary -
Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more
Disagreeing with the United States Supreme Court’s conclusion in Viking River Cruises, Inc. v. Moriana, the California Court of Appeal held in Galarsa v. Dolgen California LLC that a plaintiff who has been ordered to...more
On Feb. 21, 2023, the U.S. National Labor Relations Board (“the Board”) handed down a decision in the matter of McLaren Macomb holding that broad non-disparagement and non-disclosure provisions in severance agreements violate...more
Summary -
Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more
12/8/2022
/ Appeals ,
Arbitration ,
Arbitrators ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
FMCSA ,
Hiring & Firing ,
Issue Preclusion ,
Judgment on the Pleadings ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retroactivity ,
Split of Authority ,
Standing ,
State Labor Laws ,
Timekeeping ,
Wage and Hour
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) -
Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct that...more
Join us for our third annual all-day complimentary seminar on the most pressing employment law topics, transmitted to you in your home, office, or virtually anywhere with an internet connection. Attendees can enjoy one or all...more
9/22/2022
/ Affirmative Action ,
Arbitration ,
Arbitration Agreements ,
Best Practices ,
Continuing Legal Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Viking River Cruises Inc v Moriana ,
Webinars
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022)
Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...more
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...more
On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more
In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an...more
Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) -
Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021)
Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more
8/11/2021
/ Administrative Law Judge (ALJ) ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
FEHA ,
Labor Code ,
Labor Regulations ,
NLRA ,
NLRB ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rate of Pay ,
State Labor Laws ,
Unions ,
Wage and Hour
Magadia v. Wal-Mart Associates, Inc., No. 19-16184, 2021 WL 2176584 (9th Cir., May 28, 2021) -
Summary: An employee lacks Article III standing to bring a PAGA claim in federal court for Labor Code violations that the...more
6/11/2021
/ Arbitration Agreements ,
Article III ,
Demurrers ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Standing ,
Unruh Civil Rights Act ,
Wage and Hour ,
Wage Statements