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
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
In our recent blog post, we highlighted legislation that will impact employers this year related to nursing and pregnant employees: the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”) and the...more
On March 10, 2023, financial markets were rocked by uncertainty over the future of certain significant financial institutions. Among other concerns, bank failures raise the prospect of temporary or long-term cash flow...more
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
As we previously reported here, California employers with 15 or more employees are required to post salary ranges on job postings as of January 1, 2023 (i.e. next week!). The Labor Commissioner has provided additional...more
Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the...more
On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at...more
7/18/2022
/ California ,
City of Los Angeles ,
Employees ,
Employer Liability Issues ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Labor Reform ,
Local Ordinance ,
Minimum Wage ,
Wage and Hour
Summary Judgment Was Properly Granted To Employer In Whistleblower Case -
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)
Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code §...more
A federal appeals court recently affirmed a summary judgment entered in favor of WinCo Foods in a class action alleging that WinCo should have reimbursed successful job applicants for the time and travel expenses they...more
6/17/2022
/ Appeals ,
California ,
Compensation & Benefits ,
Conditional Job Offers ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Pre-Employment Health Screenings ,
Reimbursements ,
State Labor Laws ,
Travel Expenses ,
Wage and Hour
In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more
5/26/2022
/ Adverse Employment Action ,
California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
FEHA ,
Hertz ,
Hiring & Firing ,
Infectious Diseases ,
State Labor Laws ,
Wage and Hour
Former UCLA Physician Can Proceed With Whistleblower Claims -
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) -
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more
5/23/2022
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
CAFA ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Forced Labor ,
Hiring & Firing ,
Labor Code ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as...more
California Relaxes Standard For Proving Whistleblower Claims -
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) -
Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes...more
3/18/2022
/ ADEA ,
California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Gender Discrimination ,
Race Discrimination ,
State Labor Laws ,
Wage and Hour ,
Whistleblowers
On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to...more
2/9/2022
/ California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Labor Reform ,
Legislative Agendas ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
Christmas came early this year for California employers. Bucking the trend of unrelentingly bad news for employers in the state, the California Court of Appeal has held that the default (lower) penalties found in the Labor...more
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
After temporarily falling to third place in 2020, California once again claims the top spot on the American Tort Reform Foundation’s (ATRF) annual list of “Judicial Hellholes.” While California has not taken home the gold in...more
Ninth Circuit Resurrects California’s Anti-Arbitration Statute -
Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) -
The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more
11/15/2021
/ Age Discrimination ,
Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Class Action Arbitration Waivers ,
Contingency Fees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Labor Regulations ,
Lost Wages ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
UTSA ,
Wage and Hour
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
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
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
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