The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, argued that...more
Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like...more
2/4/2021
/ Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Responsibilities ,
Hearing-Impaired ,
Infectious Diseases ,
Masks ,
Nike ,
Personal Protective Equipment ,
Public Accommodation ,
Retailers ,
Workplace Safety
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
As recently reported by the Los Angeles Times, People, and a slew of other national and local media outlets, famed Beverly Hills restaurant, La Scala, recently faced significant public backlash after sending out invitations...more
Joining Tesla, Hewlett-Packard and Charles Schwab, Oracle, the world’s largest database management company, has announced that it will move its corporate headquarters from California to Texas. “We believe these moves best...more
California’s Division of Occupational Safety and Health, better known as “Cal/OSHA,” recently issued new emergency temporary standards to protect workers from COVID-19 (the “Emergency Temporary Standards”), which were...more
Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it’s moving its global headquarters from San Jose, CA to Houston, TX and...more
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
Land v. CUIAB, 2020 WL 5200858 (Cal. Ct. App. 2020) -
Justin Land’s employer terminated his employment as a field service specialist based upon his “violation of company policy,” involving his failure to finish a job or...more
Gov. Newsom has signed Senate Bill 592 (“SB 592”) into law. Effective next year, SB 592 requires jury commissioners across the state to include anyone who files state taxes in the pool of prospective jurors. Currently,...more
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
Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) -
Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor...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
Amidst the COVID-19 pandemic and the flurry of associated leave issues, Gov. Newsom recently signed Senate Bill 1383 (“SB 1383”) into law, which provides up to 12 weeks of job-protected leave under the California Family...more
On September 30, 2020, Gov. Newsom signed Assembly Bill 979 (“AB 979”) into law. The new statute, which adds section 301.4 to the Corporations Code, is aimed at increasing representation from communities of color and the...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