Today, the California Court of Appeal reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Dr. Pinter-Brown sued for alleged...more
Employers who have laid off workers due to COVID-19 may soon be required to rehire the laid off workers before they can hire any new employees.
The Los Angeles City Council unanimously approved a measure giving specified...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
Gulf Offshore Logistics, LLC v. Superior Court, 2020 WL 772610 (Cal. Ct. App. 2020) -
Non-California resident crew members of the “Adele Elise” (a vessel that provides services to oil platforms located off the coast of...more
Bingener v. City of Los Angeles, 44 Cal. App. 5th 134 (2019) -
Kim Rushton, an employee of the City of Los Angeles, struck and killed a pedestrian (Ralph Bingener) while Rushton was driving to work at the Hyperion...more
Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) -
Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and...more
Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020) -
Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a...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
The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating and paying employees in connection with the Coronavirus (COVID-19) outbreak:
Coronavirus Disease (COVID-19) – FAQs on laws...more
3/12/2020
/ Best Practices ,
Business Interruption ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Labor Commissioners ,
Paid Leave ,
Policies and Procedures ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
The California Employment Development Department has issued the following guidance regarding the Coronavirus (COVID-19):
An outbreak of respiratory illness caused by a new coronavirus (COVID-19) has been identified...more
3/12/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Unemployment Insurance ,
Wage and Hour ,
Workplace Safety
The coronavirus can affect employers by implicating many different issues of employment law, from sick leave to disability discrimination.
Agenda
• Coronavirus and the Current Outbreak
• Employment Law Issues: Common...more
3/2/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Travel Restrictions ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements....more
As we reported previously, Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court...more
Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019) -
Mohammed Noori sued his former employer for violation of Cal. Lab. Code § 226(a) (setting forth certain very specific statutory...more
Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) -
David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by...more
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
Glynn v. Superior Court, 42 Cal. App. 5th 47 (2019) -
John Glynn worked as a pharmaceutical sales representative before he commenced a medical leave of absence for a serious eye condition (myopic macular degeneration)....more
Mathews v. Happy Valley Conference Ctr., 2019 WL 6769659 (Cal. Ct. App. 2019) -
Jeremiah Mathews worked as a maintenance supervisor and cook for Happy Valley Conference Center, which is a subordinate affiliate of...more
As we reported previously, the California legislature recently passed and Gov. Newsom signed into law Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration...more
On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex...more
12/16/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State Labor Laws
As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more
12/12/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
New Legislation ,
Preemption ,
State Labor Laws
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter...more
Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners -
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) -
Todd Hawkins and Hyung Kim were terminated from their jobs as...more
11/11/2019
/ ABC Test ,
Anti-SLAPP ,
DFEH ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
FEHA ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
McDonalds ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
State Labor Laws ,
Tipped Employees ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
Last week, we blogged about the avalanche of new labor laws that California employers will face in 2020. Here are two late additions to the list — just in time for Halloween!...more
On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their...more
10/14/2019
/ #MeToo ,
Arbitration Agreements ,
Corporate Counsel ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Governor Newsom ,
Lactation Accommodation ,
New Legislation ,
Preemption ,
State Labor Laws ,
Statute of Limitations