Anthony Oncidi at Proskauer Rose LLP

Los Angeles Tops “Judicial Hellhole” List!

Los Angeles has claimed the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” The Report claims that “lawsuit abuse in Los Angeles . . . has propelled the jurisdiction to the very...more

12/15/2025 / Americans with Disabilities Act (ADA) , Arbitration , California , Damages , Environmental Litigation , Jurisdiction , Litigation Fees & Costs , Litigation Strategies , Private Attorneys General Act (PAGA) , Settlement

Employee Was Wrongfully Terminated After Failing Polygraph Test

Steven McDoniel was employed by Kavry Management as an “assistant grower” at its licensed marijuana growing facility in Adelanto, California. After $70,000 in cash and marijuana were stolen from the storage room, employees...more

12/11/2025 / California , Damages , Employee Polygraph Protection Act (EPPA) , Employee Rights , Employer Liability Issues , Employment Litigation , Hiring & Firing , Private Attorneys General Act (PAGA) , State Labor Laws , Wrongful Termination

“Headless” PAGA Claim May Proceed

This case involves the (much-litigated) issue currently pending before the California Supreme Court in Leeper v. Shipt, Inc., 107 Cal. App. 5th 1001, rev. granted (2025): Does the version of PAGA in effect from 2016 to...more

12/11/2025 / Appeals , Arbitration , Arbitration Agreements , CA Supreme Court , California , Employment Litigation , Labor Code , Penalties , Private Attorneys General Act (PAGA) , Statutory Interpretation

Employees Can Proceed With Age Discrimination Claims

Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of...more

12/11/2025 / Adverse Employment Action , Age Discrimination , Appeals , Appellate Courts , Employment Discrimination , Employment Litigation , Evidence , Summary Judgment

November 2025 California Employment Law Notes

We invite you to review our newly-posted, November 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

12/11/2025 / Age Discrimination , Arbitration Agreements , California , Employee Polygraph Protection Act (EPPA) , Employment Discrimination , Employment Litigation , Private Attorneys General Act (PAGA) , Religious Discrimination , State Labor Laws , Workers’ Compensation

Retired Professional Football Player Is Ineligible For California Workers’ Comp Benefits

Wayne Gandy spent 15 years as a professional football player with the NFL. He played with the Los Angeles Rams during the 1994 season before the team moved to St. Louis, but never again played for a California team...more

12/11/2025 / Athletes , California , Employer Liability Issues , Football , NFL , State Labor Laws , Statutory Interpretation , Workers' Compensation Claim , Workers’ Compensation , Workers’ Compensation Appeals Board (WCAB)

COVID-19 Religious Discrimination Claim Was Properly Dismissed

Sherry M. Detwiler worked as a privacy officer and the Director of Health Information for a hospital (Mid-Columbia Medical Center) from September 2020, until her employment was terminated in December 2021. Detwiler is a...more

12/11/2025 / Adverse Employment Action , Coronavirus/COVID-19 , Employment Discrimination , Healthcare Workers , Hospitals , Motion to Dismiss , Reasonable Accommodation , Religious Accommodation , Religious Discrimination , Title VII

“John Doe’s” Days May Be Numbered in California Lawsuits

In recent years, it has become increasingly common for plaintiffs to sue anonymously—while at the same time identifying the defendant(s) by name as well as their alleged acts often in lurid and excruciating detail. A...more

12/5/2025 / Anonymity , Appeals , Appellate Courts , California , Litigation Strategies , Privacy Concerns , State Courts

California again resurrects stale sexual assault claims

California's new AB 250 reopens the door for time-barred sexual assault claims, giving plaintiffs a two-year window starting Jan. 1, 2026, to revive old cases -- exposing private employers (but not public entities) to renewed...more

11/11/2025 / California , Confidentiality Agreements , Employer Liability Issues , Employment Litigation , New Legislation , Non-Disclosure Agreement , Policies and Procedures , Risk Management , Sexual Assault , Time-Barred Claims

California Looks to 2026 With More Workplace Regulations

Just as the deciduous trees turn autumn orange and the pumpkin lattes start sloshing about, our busy-bee lawmakers in Sacramento have unveiled a whole new slate of rules and regulations to further finetune the workplaces of...more

10/20/2025 / California , Coronavirus/COVID-19 , Corporate Counsel , Employee Rights , Employer Responsibilities , Equal Pay Act , New Legislation , New Regulations , Notice Requirements , Pay Transparency , State Labor Laws

Special Halloween Edition! California’s Scariest Employment Law Verdicts

Ah, California: land of Hollywood, high-tech, empty ocean roads, and—all too often these days—eye-popping jury verdicts. Employment litigation in California now rivals the state lottery as a source of multimillion-dollar...more

10/17/2025 / Appeals , Arbitration Agreements , California , Damages , Dispute Resolution , Employer Liability Issues , Employer Responsibilities , Employment Litigation , Jury Awards , Risk Management

Union Employee’s Wage/Hour Claims Were Not Preempted By Federal Law

Renteria-Hinojosa v. Sunsweet Growers, Inc., 2025 WL 2351203 (9th Cir. 2025) - Annamarie Renteria-Hinojosa filed two putative class actions against her employer (Sunsweet Growers), alleging various wage and hour...more

10/2/2025 / Appeals , Arbitration , California , Collective Bargaining Agreements (CBA) , Employment Litigation , Labor Management Relations Act (LMRA) , Preemption , Private Attorneys General Act (PAGA) , Unions , Wage and Hour

City of Las Vegas Did Not Discriminate Against Employee Based On Her Race/Gender

Lister v. City of Las Vegas, 148 F.4th 690 (9th Cir. 2025) - Latonia Lister sued the City of Las Vegas for sex- and/or race-based employment discrimination under Title VII. Lister was the city’s first African American...more

10/2/2025 / Appellate Courts , Employee Rights , Employment Discrimination , Employment Litigation , Harassment , Hostile Environment , Race Discrimination , Sex Discrimination , Title VII

Supreme Court Clarifies Employer’s Good Faith Defense To Liquidated Damages Claim

Iloff v. LaPaille, 18 Cal. 5th 551 (2025) - Laurence Iloff performed maintenance on various structures that were located on property that was owned by Bridgeville Properties, Inc. and managed by Cynthia LaPaille. Under an...more

10/2/2025 / Appeals , California , Employment Litigation , Independent Contractors , Labor Standards Enforcement , Liquidated Damages , Minimum Wage , Paid Sick Leave , Statutory Interpretation , Wage and Hour

Attorney Sanctioned $10,000 For Citing Nonexistent, AI-Generated Legal Authority

Noland v. Land of the Free, L.P., 2025 WL 2629868 (Cal. Ct. App. 2025) - Sylvia Noland asserted 25 causes of action against her former employer, including claims for wrongful termination, PAGA and other Labor Code...more

10/2/2025 / Appellate Courts , Artificial Intelligence , Attorney Misconduct , California , Frivolous Lawsuits , Legal Ethics , Legal Technology , Motion for Sanctions , Rules of Professional Conduct , Sanctions

Ministerial Exception Barred Employee’s Discrimination Claims

McMahon v. World Vision, Inc., 147 F.4th 959 (9th Cir. 2025) - World Vision, a religious organization, revoked a job offer it had made to Aubry McMahon to be a remote customer service representative after learning that...more

10/2/2025 / Appeals , Employee Rights , Employment Discrimination , Hiring & Firing , Ministerial Exception , Religious Discrimination , Religious Institutions , Sexual Orientation Discrimination , Summary Judgment , Title VII

Supreme Court Saves (But Guts) Anti-Arbitration Statute

Hohenshelt v. Golden State Foods Corp., 18 Cal. 5th 310 (2025) - In this closely watched case, the California Supreme Court held that California Code of Civil Procedure Section 1281.98 — a do-or-die statute requiring...more

10/2/2025 / Arbitration , Arbitration Agreements , CA Supreme Court , California , Deadlines , Employment Contract , Employment Litigation , Federal Arbitration Act , Preemption , Statutory Interpretation

Employer Not Liable For Co-Worker’s Off-Duty Conduct, But Should Have Better Protected Employee

Kruitbosch v. Bakersfield Recovery Servs., Inc., 2025 WL 2600238 (Cal. Ct. App. 2025) - A coworker (Lisa Sanders) of plaintiff Steven Kruitbosch allegedly subjected him to crude sexual advances at his home and via his...more

10/2/2025 / California , Employee Rights , Employer Liability Issues , Employment Discrimination , Employment Litigation , FEHA , Harassment , Hostile Environment , Retaliation , Sexual Harassment

Prevailing Employee’s Counsel Was Entitled To Attorney’s Fees of $4.9 Million

Bronshteyn v. Department of Consumer Affairs, 2025 WL 2658416 (Cal. Ct. App. 2025) - Diana Bronshteyn, who was diagnosed with fibromyalgia, sued her employer (the Department of Consumer Affairs) for disability...more

10/2/2025 / Appeals , Attorney's Fees , California , Disability Discrimination , Employer Liability Issues , Employment Discrimination , Employment Litigation , Failure to Accommodate , FEHA , Jury Trial

Employer Properly Calculated Sick Leave For Exempt Employee

Hirdman v. Charter Commc’ns, LLC, 113 Cal. App. 5th 376 (2025) - Bradley Hirdman filed a lawsuit against his former employer (Charter Communications, LLC) alleging a violation of the Private Attorneys General Act (PAGA)...more

10/2/2025 / California , Employment Litigation , Exempt-Employees , Misclassification , Paid Sick Leave , Private Attorneys General Act (PAGA) , State Labor Laws , Wage and Hour

October 2025 California Employment Law Notes

We invite you to review our newly-posted, October 2025 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

10/2/2025 / California , Compliance , Employee Rights , Employer Responsibilities , New Legislation , State Labor Laws

Attorney’s Fees In Excess of $1,000 per Hour: The High Cost of Fighting Employment Claims in California

A recent California appellate decision is a stark reminder to employers of just how costly employment litigation has become in the Golden State: Bronshteyn v. California Department of Consumer Affairs....more

9/26/2025 / Appellate Courts , Attorney's Fees , California , Disability Discrimination , Employer Liability Issues , Employment Litigation , Litigation Strategies

AI-yi-yi: Fake Cases, Real Consequences: A Cautionary Tale for AI in the Courtroom

A California court recently threw the book at some lawyers for relying on artificial intelligence (“AI”) to generate what turned out to be fabricated citations and misstated authorities—that is, so-called “AI hallucinations.”...more

9/23/2025 / Appellate Courts , Artificial Intelligence , California , Legal Ethics , Legal Technology , Sanctions , Summary Judgment

Fast-Track to Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill

After years of battles within the state over ride-share driver classification issues, California is redrawing the map of gig-economy labor relations – a measure that would, for the first time in the state, give unions a path...more

9/17/2025 / California , Collective Bargaining Agreements (CBA) , Gig Economy , Independent Contractors , Insurance Regulations , Labor Relations , New Legislation , Public Employment Relations Board’s (PERB) , Transportation Industry , Unions

Fast-Tracking Union Representation? California, Uber, Lyft and SEIU Unite Behind Driver-Union Bill