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
On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th. Of particular note, the Order imposes two new obligations: First, it mandates that employers require...more
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to...more
It’s springtime in California! And even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing hundreds of new laws because, after all, you can never get too much of a good...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
Weeks after the Equal Employment Opportunity Commission (“EEOC”) weighed in, the California Department of Fair Employment and Housing (“DFEH”) recently released updated COVID-19 employment FAQs addressing the permissibility...more
3/19/2021
/ Coronavirus/COVID-19 ,
DFEH ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
California’s supplemental paid COVID-19 sick leave expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended...more
The California Chamber of Commerce and nearly 200 other organizations joined in a January 13 letter to the Governor and the leadership of the state Senate and Assembly, urging them to stave off a growing exodus of businesses...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
To date, the California Department of Fair Employment and Housing (DFEH) has not issued relevant guidance regarding mandatory COVID-19 vaccination programs. Despite the current lack of California-specific information, on...more
On January 26, 2021, a computer programmer and coder named Leah Snyder filed a lawsuit against her former employer (Snyder v. Alight Solutions LLC (8:21-cv-00187)), alleging she was wrongfully terminated after she posted...more
Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim -
Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) -
Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more
2/1/2021
/ ADEA ,
Age Discrimination ,
CAFA ,
Civil Rights Act ,
Class Action ,
Employer Liability Issues ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Gender Discrimination ,
Hostile Environment ,
Jury Verdicts ,
Private Attorneys General Act (PAGA) ,
Statute of Limitations ,
Title VII ,
Wage and Hour
SB 973, enacted on September 30, 2020, requires private employers of 100 or more employees (with at least one employee in California) to report pay and demographic data to the Department of Fair Employment and Housing (DFEH)...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
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals...more
1/11/2021
/ ADEA ,
Anti-Discrimination Policies ,
Arbitration Agreements ,
Biden Administration ,
But For Causation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Pay Equity Laws ,
Title VII ,
Wage and Hour
Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” -
Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) -
Allstate terminated Michael Tilkey, a 30-year employee who sold life...more
12/3/2020
/ Default Judgment ,
Employer Liability Issues ,
Employment Litigation ,
Financial Industry Regulatory Authority (FINRA) ,
Forum Selection ,
Hiring & Firing ,
Inevitable Disclosure Doctrine ,
Labor Code ,
NLRA ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Salaried Employees ,
State Labor Laws ,
Trade Secrets ,
Wage and Hour ,
Wrongful Termination
Aerotek, Inc. v. The Johnson Group Staffing Co., 2020 WL 5525180 (Cal. Ct. App. 2020) -
The law firm Porter Scott, P.C., defended its client The Johnson Group Staffing (TJG) through two rounds of litigation against claims...more
Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) -
Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she...more
Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020) -
Fushan Li, the owner of four massage parlors in Lawndale, received three citations from the Labor Commissioner for violations of the state’s...more
Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) -
Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and...more
Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) -
Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s...more
Judd v. Weinstein, 967 F.3d 952 (9th Cir. 2020) -
Actor Ashley Judd brought this sexual harassment claim against motion picture producer Harvey Weinstein under Cal. Civil Code § 51.9, which prohibits such harassment in...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
Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) -
Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time she was employed by Blue Fountain,...more