Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment...more
7/4/2017
/ Breach of Contract ,
Choice-of-Law ,
Employment Contract ,
Forum Selection ,
Hiring & Firing ,
Illegal Contracts ,
Multistate Corporations ,
Non-Compete Agreements ,
Popular ,
Retroactivity ,
State Labor Laws
Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more
5/8/2017
/ Abuse of Discretion ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Anti-SLAPP ,
Appeals ,
Attorney's Fees ,
Automatic Stay ,
Car Accident ,
CEOs ,
Chapter 11 ,
Company Vehicles ,
Defamation ,
Disability Discrimination ,
E-Verify ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Grocery Stores ,
Hiring & Firing ,
Internal Reporting ,
McLane Co. v EEOC ,
Motions to Quash ,
Non-Disclosure Agreement ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Public Policy ,
Remand ,
Rescission ,
Resignation ,
Salary/Wage History ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Standard of Review ,
Subpoenas ,
Unpaid Overtime ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
The California Department of Fair Employment and Housing (“DFEH”) recently obtained a settlement on behalf of a custodian for a school district who was fired after an on-the-job injury. As part of the settlement, the...more
Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more
3/9/2017
/ Anti-SLAPP ,
Appeals ,
California Family Rights Act (CFRA) ,
Class Action ,
Company Vehicles ,
Credit Reports ,
Department of Labor (DOL) ,
Disability Discrimination ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Gender Discrimination ,
Hiring & Firing ,
Hostile Environment ,
Intentional Infliction of Emotional Distress ,
Non-Exempt Employees ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Reasonable Accommodation ,
Rest and Meal Break ,
Retaliation ,
Reversal ,
Sales Commissions ,
Standard of Review ,
Summary Judgment ,
Title VII ,
Vicarious Liability
California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are...more
San Jose is the third northern California city to enact a scheduling ordinance that further regulates employers’ scheduling and hiring practices. Following on San Francisco and Emeryville’s lead, San Jose recently passed...more
A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same....more
As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los...more
On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job...more
12/14/2016
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Corporate Counsel ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance
Newly Enacted California Statutes -
Minimum Wage Increases -
As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more
10/26/2016
/ Actors ,
Age Discrimination ,
Bonds ,
Choice-of-Law ,
Competitive Bidding ,
Criminal Background Checks ,
Criminal Records ,
DFEH ,
Distracted Driving ,
Domestic Violence ,
Domestic Workers ,
Earned Income Credit ,
Earned Income Tax ,
Employee Restrooms ,
Employment Contract ,
Entertainment Industry ,
Equal Pay ,
Equal Pay Act ,
Forum Selection ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Home Health Care ,
Human Trafficking ,
Immigrants ,
Job Applicants ,
Juveniles ,
Minimum Wage ,
Name and Likeness ,
NLRA ,
Online Platforms ,
OSHA ,
Paid Family Leave Law ,
Required Documentation ,
Sexual Assault ,
Sick Leave ,
Smartphones ,
Smoking Bans ,
Stalking ,
State Contractors ,
Venue ,
Wage and Hour ,
Wage Statements ,
Websites ,
Work Schedules ,
Workplace Safety ,
Wrongful Termination
On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more
9/30/2016
/ ADEA ,
Age Discrimination ,
Discrimination ,
Entertainment Industry ,
Film Industry ,
Hiring & Firing ,
Motion Picture Industry ,
Movies ,
New Legislation ,
Online Platforms ,
Targeted Employment Area ,
Television Programming
In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more
Ninth Circuit Strikes Down Employer's Class Action Waiver -
Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) -
As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
9/12/2016
/ Amusement Parks ,
Arbitration ,
Attorney's Fees ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
DFEH ,
Equal Employment Opportunity Commission (EEOC) ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
Native American Issues ,
NLRA ,
Over-Time ,
Prompt Payment ,
Race Discrimination ,
Removal ,
Retirement Plan ,
Sovereign Immunity ,
Title VII ,
Wage and Hour
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC -
CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) -
The EEOC filed suit against CRST (a trucking company) alleging...more
7/14/2016
/ Appeals ,
Apple ,
Arbitrary and Capricious ,
Attorney's Fees ,
Attorney-Client Privilege ,
Cartwright Act ,
Computer Fraud and Abuse Act (CFAA) ,
Constructive Discharge ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Disability Discrimination ,
Economic Espionage Act ,
EEOC v CRST Van Expedited ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Former Employee ,
Green v Brennan ,
Hiring & Firing ,
Judgment on the Merits ,
Lay-Offs ,
Misappropriation ,
Motions to Quash ,
Navarro v Encino Motorcars ,
Outside Counsel ,
Over-Time ,
Passwords ,
Permanent Injunctions ,
Personal Jurisdiction ,
Prevailing Party ,
Race Discrimination ,
Resignation ,
Restraining Orders ,
Reversal ,
SCOTUS ,
Service Advisors ,
Sex Discrimination ,
Sexual Harassment ,
Sherman Act ,
Statute of Limitations ,
Termination ,
Time Warner ,
Title VII ,
Tortious Interference ,
Trade Secrets ,
Unauthorized Access ,
Unpaid Overtime ,
Unpaid Wages ,
US v Nosal ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Violence
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more
10/21/2015
/ Accrual Method ,
Anti-Pay Secrecy ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
California Family Rights Act (CFRA) ,
Change in Control ,
Class Action ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
E-Verify ,
Employee Rights ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Enforcement ,
Equitable Relief ,
Fair Pay Act ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Grocery Store Workers ,
Healthcare ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Job Applicants ,
Joint Liability ,
Labor Commissioners ,
Labor Standards Enforcement ,
Mandatory Arbitration Clauses ,
New Legislation ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Protected Activity ,
Protected Class ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Retaliation ,
Sick Leave ,
Social Security Administration (SSA) ,
Substantially Similar ,
Unpaid Leave ,
Unpaid Wages ,
Wage and Hour ,
Wage Garnishment ,
Wage Statements ,
Whistleblowers
Newly Enacted California Statutes -
The Word "Alien" Is Stricken From The California Labor Code -
Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more
9/8/2015
/ ADEA ,
Age Discrimination ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Background Checks ,
CAFA ,
Cheerleaders ,
Class Action ,
Class Certification ,
Commercial General Liability Policies ,
Commercial Truck Drivers ,
Cumis Counsel ,
Department of Homeland Security (DHS) ,
Discrimination ,
En Banc Review ,
False Claims Act (FCA) ,
First-to-File ,
Grocery Stores ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Jurisdiction ,
Labor Code ,
Labor Commissioners ,
Misclassification ,
Motion for Summary Judgment ,
National Guard ,
New Legislation ,
Pretext ,
Qui Tam ,
Reasonable Accommodation ,
Removal ,
Rest and Meal Break ,
Retaliation ,
Title VII ,
Unfair Competition ,
Wage and Hour ,
Whistleblowers
Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more
7/30/2015
/ Abercrombie & Fitch ,
Disparate Treatment ,
Dress Codes ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Religious Accommodation ,
Religious Discrimination ,
Retailers ,
SCOTUS
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more
Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" -
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) -
Michaelin Higgins-Williams worked as a clinical...more
7/17/2015
/ Anti-SLAPP ,
Appeals ,
Bad Faith ,
Choice-of-Law ,
Class Action ,
Class Certification ,
Convictions ,
Costco ,
Department of Corrections ,
Disability Discrimination ,
Discovery ,
Disparate Treatment ,
EEOC v Abercrombie ,
Elonis v US ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
FBI ,
First Amendment ,
First-to-File ,
Forum Selection ,
Gender Discrimination ,
Good Faith ,
Hiring & Firing ,
In Forma Pauperis ,
Independent Contractors ,
Internships ,
Labor Code ,
Labor Commissioners ,
Leave of Absence ,
Lost Wages ,
Malicious Prosecution ,
Marshalls ,
Misappropriation ,
Misclassification ,
Motion for Summary Judgment ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Private Right of Action ,
Protective Orders ,
Putative Class Actions ,
Qui Tam ,
Reasonable Accommodation ,
Religious Discrimination ,
Remand ,
SCOTUS ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Statute of Limitations ,
Statutory Rights ,
Tax Liability ,
Title VII ,
Trade Secrets ,
Unemployment Benefits ,
Unions ,
Unpaid Interns ,
Wage and Hour ,
Withholding Tax ,
Work-Induced Stress ,
Wrongful Termination
Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an...more
Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more
Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated -
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015).
Avery Richey worked for Power Toyota Cerritos,...more
Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the...more
Google Required To Produce Emails In Response To Former Employer's Subpoena -
Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) -
Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more
Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed -
Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014).
Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more
5/14/2014
/ Age Discrimination ,
Class Certification ,
Employee Rights ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
FICA Taxes ,
Fitness for Duty Exams ,
Hiring & Firing ,
Public Employees ,
Putative Class Actions ,
Sarbanes-Oxley ,
Severance Pay ,
Sexual Harassment