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
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
California’s supplemental paid COVID-19 sick leave expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended...more
The California Chamber of Commerce and nearly 200 other organizations joined in a January 13 letter to the Governor and the leadership of the state Senate and Assembly, urging them to stave off a growing exodus of businesses...more
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
Last Thursday, Assembly Bill 1179 was introduced to require California employers with 1,000 or more to provide “backup ” for children under 14. To be eligible for the benefit, employees who work in California would need to...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. 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
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
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
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
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
Frlekin v. Apple, Inc., 2020 WL 5225699 (9th Cir. 2020) -
Earlier this year, the California Supreme Court answered a question certified to it by the Ninth Circuit: “Is time spent on the employer’s premises waiting for,...more
Last week, Uber Technologies, Inc. and Lyft, Inc. announced that they would suspend ridesharing operations in the State of California in response to an August 10, 2020 San Francisco Superior Court judge’s preliminary...more
8/25/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lyft ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Uber ,
Wage and Hour
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
Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) -
Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more
8/12/2020
/ Class Action ,
Class Certification ,
Employment Policies ,
Motion to Compel ,
Motion To Strike ,
Non-Exempt Employees ,
Off-The-Clock ,
Statutory Authority ,
Trial Court Orders ,
Wage and Hour ,
Zero Tolerance Policies