The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more
Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) -
The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...more
On Jan. 1, new legislation aimed at curbing the use of unenforceable noncompete agreements took effect in California.
The new laws, which impose potentially harsh consequences on employers for requiring employees to sign...more
The California Supreme Court has issued its much-anticipated decision in Estrada v. Royalty Carpet Mills, Inc., determining whether Private Attorneys General Act (PAGA) claims can be dismissed as unmanageable. The Court...more
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more
Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including a male) filed a hostile work environment claim under Title VII...more
Back in the “good old days,” arbitration agreements barred just about any type of civil litigation that was filed in court. Then, as we reported in 2014, the California Supreme Court determined that Private Attorneys General...more
The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more
The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more
2/10/2022
/ Anti-Retaliation Provisions ,
Burden of Proof ,
CA Supreme Court ,
California ,
Evidence ,
Labor Code ,
Labor Reform ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
Board of Directors Quota Law May Be Unconstitutional -
Meland v. Weber, 2021 WL 2521615 (9th Cir. 2021) -
n 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in...more
7/20/2021
/ Anti-SLAPP ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
State Labor Laws ,
Title VII ,
Unemployment Insurance ,
Wage and Hour
The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance. Bruni v. The Edward Thomas Hospitality Corporation....more
Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims -
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) -
George Choochagi worked as a technical support manager for...more
3/19/2021
/ ABC Test ,
CA Supreme Court ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
Last week, a California federal judge dismissed with leave to amend a claim made against a Nevada company by the spouse of an employee who contracted COVID-19, allegedly at his workplace, and later transmitted the disease to...more
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal...more
The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, argued that...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. See our...more
On January 14, 2021, the California Supreme Court decided, at the request of the Ninth Circuit, that its decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018) applies retroactively. Vazquez v....more
Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) -
Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more
Ixchel Pharma, LLC v. Biogen, Inc., 9 Cal. 5th 1130 (2020) -
In this commercial dispute between two companies, the California Supreme Court determined the bounds of a claim for tortious interference of an at-will contract...more
Ward v. United Airlines, Inc., 2020 WL 3495310 (Cal. S. Ct. 2020) -
Plaintiffs are pilots and flight attendants for United Airlines, which is based outside California. Although they reside in California, they perform most...more
8/4/2020
/ Airlines ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Labor Code ,
Railway Labor Act ,
Transportation Industry ,
Wage and Hour ,
Wage Statements
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on...more
Today March 12, 2020, the California Supreme Court issued its long-awaited opinion in Kim v. Reins Int’l Cal., Inc., holding that an employee’s settlement and dismissal of underlying Labor Code claims does not deprive the...more
Time Spent By Employees In Exit Searches Is Compensable -
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) -
In this opinion, the California Supreme Court answered a question certified to it by the United...more
3/17/2020
/ CA Supreme Court ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Non-Compete Agreements ,
Rules of Professional Conduct ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Workers' Compensation Claim
Rall v. Tribune 365, LLC, 2019 WL 6887261 (Cal. Ct. App. 2019) -
Frederick Theodore Rall III, a political cartoonist and blogger, sued the Los Angeles Times after it published a “note to readers” and (later) a more...more
On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional.
AB-5 is...more