Five In-Home Supportive Service (“IHSS”) providers filed a class-action lawsuit last month challenging their union’s practice of deducting union dues despite their quitting the union. The workers allege their First Amendment...more
It’s springtime in California! Even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing 100s of new laws because, after all, you can never get too much of a good thing!...more
Strict Independent Contractor Test Applies Retroactively -
Vazquez v. Jan-Pro Franchising Int'l, 2019 WL 1945001 (9th Cir. 2019) -
Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4...more
5/17/2019
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Title VII ,
Unemployment Benefits ,
Wage and Hour
Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right -
Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) -
After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more
3/18/2019
/ Breach of Contract ,
CA Supreme Court ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Joint Employers ,
On-Call Employees ,
Popular ,
Private Attorneys General Act (PAGA) ,
Statute of Limitations ,
Title VII ,
Unpaid Wages ,
Wage and Hour ,
Whistleblowers
We have reported before about the huge jury verdicts that get handed out in California with alarming regularity and California’s sustained #1 ranking as the “Top Judicial Hellhole” in the nation. A corollary problem continues...more
School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception”
Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018) -
Kristen Biel was fired from her fifth grade teaching position at...more
Employee Non-Solicitation Provision Was An Unenforceable Restraint -
AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 2018 WL 5669154 (Cal. Ct. App. 2018) -
AMN and Aya are competitors in the business of providing...more
11/20/2018
/ Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
CA Supreme Court ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Misappropriation ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
UTSA ,
Wage and Hour
On May 1, we reported about the Dynamex Operations W., Inc. v. Superior Court opinion in which the California Supreme Court adopted a new standard (the “ABC test”) for determining if a worker may properly be classified as an...more
In addition to the #MeToo inspired legislation, which we covered in a recent blog post, Governor Brown signed several other pieces of legislation amending existing laws and imposing new requirements regarding employment. Here...more
On May 1, we reported on the California Supreme Court’s opinion in Dynamex Operations West, Inc. v. Superior Court, in which the Supreme Court set forth the standard for determining if a worker may properly be classified as...more
Supreme Court Bars Mandatory Union Dues For Public Employees -
Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) -
In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more
7/12/2018
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Class Action ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
NLRB ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
In the immortal words of Mao Zedong: “Let a hundred flowers blossom!”
Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws....more
Earlier this month, San Francisco’s Public Safety & Neighborhood Services Committee unanimously approved an ordinance that requires certain cannabis business permit applicants to agree to enter into a collective bargaining...more
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
On April 30, 2018, the California Supreme Court issued its unanimous ruling in Dynamex Operations West, Inc. v. Superior Court, making it even harder for companies to classify workers as independent contractors (rather than...more
The California Chamber of Commerce has just identified a new raft of recently introduced “job killer” bills that have been proposed in the California Legislature.
This year’s list of 27 proposed laws includes measures that...more
Former LA Times Columnist's Age/Disability Discrimination Judgment Upheld, New Trial On Damages Ordered -
Simers v. Los Angeles Times Commc'ns, LLC, 18 Cal. App. 5th 1248 (2018) -
T.J. Simers, a well-known sports...more
3/23/2018
/ Americans with Disabilities Act (ADA) ,
Anti-SLAPP ,
Class Certification ,
Digital Realty Trust Inc v Somers ,
Disability Discrimination ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Former Employee ,
Fraud Prevention ,
Hiring & Firing ,
Qui Tam ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies
The California Labor Commissioner issued a press release this week announcing a $500,000 citation against Los Angeles restaurant Shrimp Lovers, arising from wage theft allegations made against the restaurant by employees who...more
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
Newly Enacted California Statutes -
Statewide "Ban-the-Box" Legislation -
Known as "Ban-the-Box" legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new...more
11/10/2017
/ Anti-Retaliation Provisions ,
Ban the Box ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Brown ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Mental Health ,
New Legislation ,
Parental Leave ,
Private Attorneys General Act (PAGA) ,
Salary/Wage History ,
Sanctuary Cities ,
Sexual Harassment ,
State Labor Laws ,
Tip Credit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workers Compensation Act ,
Workers’ Compensation Appeals Board (WCAB)
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...more
California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, which is set to take effect on...more
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the...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
San Francisco has become the latest jurisdiction to pass a law restricting employers from inquiring about prior salary history during the hiring process. The ordinance, which will go into effect on July 1, 2018, will restrict...more