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
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
No Claim By Employee Who Was Friends With Alleged Harasser Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) -
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla...more
4/3/2023
/ Arbitration ,
California ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Over-Time ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Sexual Harassment ,
Wrongful Termination
Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus -
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) -
Joan Opara was terminated from her employment as an IRS revenue...more
2/9/2023
/ Age Discrimination ,
Anti-SLAPP ,
Appeals ,
Breach of Contract ,
Criminal Convictions ,
Fair Credit Reporting Act (FCRA) ,
Independent Contractors ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wrongful Termination
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of...more
1/3/2022
/ Appeals ,
Charitable Organizations ,
Class Certification ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Labor Law Violations ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Tax Exempt Entities ,
Unpaid Wages ,
Volunteers ,
Wage and Hour
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
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
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
On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal...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
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
Brady v. AutoZone Stores, 960 F.3d 1172 (9th Cir. 2020) -
Michael Brady sued AutoZone Stores for alleged violations of Washington State’s meal break laws. After several years of litigation, the district court denied...more
David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) -
Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...more
In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent...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
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
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes -
OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) -
In the most recent chapter of the ongoing saga regarding the enforceability of...more
9/18/2019
/ Amended Complaints ,
Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Arbitration ,
Arbitration Agreements ,
Bill Cosby ,
CA Supreme Court ,
CAFA ,
Cal Code of Civil Procedure ,
Defamation ,
Federal Arbitration Act ,
Free Speech ,
National Origin Discrimination ,
Obesity ,
Race Discrimination ,
Rest and Meal Break ,
Retaliation ,
Unconscionable Contracts ,
Unpaid Wages ,
Vicarious Liability ,
Wage and Hour
We invite you to review our newly-posted May 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include...more
5/11/2018
/ ABC Test ,
Anti-SLAPP ,
CA Supreme Court ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Rest and Meal Break ,
State Labor Laws ,
Title VII ,
Wage and Hour
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding...more
In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more
7/11/2017
/ Abuse of Discretion ,
Agricultural Workers ,
Attorney's Fees ,
Breach of Contract ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Day of Rest Laws ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Form I-9 ,
Mortgage Servicers ,
Motion to Compel ,
Non-Exempt Employees ,
On-Duty Meal Period Waivers ,
Petition for Writ of Mandate ,
Punitive Damages ,
Rest and Meal Break ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Subpoenas ,
Underwriting ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Work-Product Doctrine
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
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods -
Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) -
Jennifer Augustus filed this...more
1/10/2017
/ Anti-SLAPP ,
Appeals ,
Apple ,
Assault ,
Breach of Contract ,
CA Supreme Court ,
Car Accident ,
Class Action ,
Class Certification ,
CNN ,
Defamation ,
Delivery Drivers ,
Disability Discrimination ,
Discrimination ,
DLSE ,
Emotional Distress Damages ,
Employer Liability Issues ,
Equal Protection ,
FEHA ,
First Amendment ,
Free Speech ,
Hostile Environment ,
On-Call Employees ,
Preemption ,
Rest and Meal Break ,
Retaliation ,
Safe Harbors ,
Security Guards ,
Stock Options ,
Summary Judgment ,
Teamsters ,
Unions ,
UPS ,
Vacation Pay ,
Wage and Hour ,
Wage Statements ,
Wages ,
Workers' Compensation Claim ,
Wrongful Termination
$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Break Time -
This week, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What...more
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