On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more
7/2/2024
/ Anti-Stacking Provisions ,
Audits ,
California ,
Compliance ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Standing ,
Statute of Limitations
The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more
Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more
We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
5/23/2024
/ Arbitration ,
Attorney's Fees ,
California ,
Employee Transfers ,
Employment Discrimination ,
Hostile Environment ,
Malicious Prosecution ,
Muldrow v City of St Louis ,
NASA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Stock Options ,
Wages
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
Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more
4/11/2024
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-SLAPP ,
Appeals ,
Civil Rights Act ,
FEHA ,
First Amendment ,
Gender Identity ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) -
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more
Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...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
Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) -
Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more
Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) -
Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more
Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024) -
For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc....more
Senator Bernie Sanders (I-VT) has introduced the Thirty-Two Hour Workweek Act (the “Act”), a bill that, if enacted, would lower the threshold for a “standard” workweek by 20 percent, from 40 to 32 hours. Should the Act become...more
Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) -
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more
Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024) -
Alyssa Jones, a former waitress at a Scottsdale, Arizona bar, sued the owner of the bar and his company (Riot) for violations of Title VII and common...more
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...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
All eyes will be on the United States this November as Americans head to the polls in the upcoming 2024 general election. Likely to go somewhat less noticed among the Presidential, Senate, and House races this year is a...more
California’s minimum wage is already one of the highest in the nation at $16 per hour (although Sacramento’s efforts pale in comparison to those of cities and towns across the Golden State, which have created a patchwork...more
As we previously reported, California recently enacted AB 1076, which reinforces the state’s broad statutory ban on noncompete agreements. The law took effect on January 1, 2024, and expressly codifies Edwards v. Arthur...more
A Single Incident Of Harassing Conduct May Create A Hostile Work Environment -
Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) -
Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more
1/26/2024
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Certification ,
Collective Actions ,
Employee Benefits ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Poison Pill ,
Pre-Employment Agreements ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Release Agreements ,
Rest and Meal Break ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers
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
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.
In many if not most...more
1/17/2024
/ Adverse Employment Action ,
Burden of Proof ,
California ,
Corporate Counsel ,
Emotional Distress Damages ,
Employment Discrimination ,
Employment Litigation ,
Expert Testimony ,
Harassment ,
New Legislation ,
Psychiatrists ,
Retaliation ,
Wrongful Termination
The Los Angeles Superior Court has bestowed some remarkable gifts upon plaintiffs this holiday season. Two juries have issued gigantic verdicts in favor of individual plaintiffs in separate employment lawsuits within the past...more