Very few companies doing business in California missed the news recently that a San Francisco jury ordered Tesla, the electric car manufacturer, to pay $137 million to a Black former elevator operator who had worked at the...more
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state....more
10/18/2021
/ Arbitration ,
Bias ,
Coronavirus/COVID-19 ,
Emotional Support Animals ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Infectious Diseases ,
New Legislation ,
Right of Recall ,
Settlement Agreements ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved...more
10/8/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Individual Mandate ,
Infectious Diseases ,
Local Ordinance ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or...more
9/27/2021
/ Amazon Marketplace ,
Cause of Action Accrual ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Quotas ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
A recent ResumeBuilder survey found that 32% of Americans admit to lying on their resume. In the current highly active labor market, with 65% of employees searching for a new job according to the PwC US Pulse Survey,...more
Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee -
Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021)
William “Bo” Maner worked as a...more
9/20/2021
/ Age Discrimination ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
Labor Regulations ,
Non-Solicitation Agreements ,
Ownership Interest ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Romances
On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more
9/17/2021
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
Preliminary Injunctions ,
State Labor Laws
A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more
9/9/2021
/ Compensatory Damages ,
Disability Discrimination ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Housing Discrimination ,
Lost Wages ,
Punitive Damages ,
Reasonable Accommodation ,
Regulatory Violations ,
Wrongful Termination
Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing. In an article in the Sacramento...more
8/24/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
FDA Approval ,
Health and Safety ,
Infectious Diseases ,
Labor Regulations ,
Pfizer ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac...more
The California Court of Appeal has ruled that date of birth and/or a driver’s license number cannot be used to identify individuals in an electronic search of the criminal index of court records. All of Us or None v....more
7/28/2021
/ Background Checks ,
Ban the Box ,
Conditional Job Offers ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Regulatory Requirements ,
State Labor Laws
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
Just as California’s employers and small businesses begin to recover financially from the COVID-19 pandemic, the state legislature is about to spring another tax increase on them. This time the money is needed to bail out the...more
Meland v. Weber, ___ F.3d ___, 2021 WL 2521615 (9th Cir. 2021) In 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in California to have a minimum number of females on...more
As we previously reported, Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing...more
As we previously reported, on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19. Among...more
In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19. If approved...more
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
Last week, New York announced new tax increases that will subject certain of its residents to higher personal income tax rates than even Californians pay. Before the pages on that bill had cooled, the California legislature...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
The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations. ...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