On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers...more
The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB...more
Before we could know the efficacy of the California Consumer Privacy Act of 2018 (CCPA), which became effective January 1, 2020, California residents voted to enact the California Privacy Rights Act of 2020 (CPRA), which...more
On August 31, 2020, California’s legislative session closed with a flurry of bills—the majority driven by COVID-19. These bills have been sent to the governor, who now has until the end of September to sign them into law or...more
9/18/2020
/ California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Essential Workers ,
Layoffs ,
Paid Family Leave Law ,
Pending Legislation ,
State Labor Laws ,
State Legislatures ,
State of Emergency ,
Workers' Compensation Claim
In Ixchel Pharma, LLC v. Biogen, Inc., S256927, 2020 WL 4432623 (Cal. Aug. 3, 2020) (“Ixchel Pharma”), the Supreme Court of California clarified two points: (1) that to state a claim for interference with an at-will contract...more
8/18/2020
/ Amended Complaints ,
At-Will Contracts ,
Business Codes ,
CA Supreme Court ,
Cartwright Act ,
Dismissals ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Restraint of Trade ,
Rule-of-Reason Analysis ,
Tortious Interference ,
Wrongful Acts
Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) -
Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more
8/11/2020
/ Appeals ,
Arbitration Agreements ,
Article III ,
CA Supreme Court ,
CAFA ,
Class Action Arbitration Waivers ,
Contract Terms ,
Discovery ,
Employment Discrimination ,
Federal Arbitration Act ,
First Amendment ,
FRCP 23 ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Private Attorneys General Act (PAGA) ,
Religious Workers ,
Right to a Jury ,
SCOTUS ,
Standing ,
State Arbitration Acts ,
Waiver of Rights
As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more
5/27/2020
/ California Family Rights Act (CFRA) ,
Compliance ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Failure to Accommodate ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Government Lockdown ,
Health Insurance Portability and Accountability Act (HIPAA) ,
High Risk Covid Employees ,
Labor Law Violations ,
Local Ordinance ,
Popular ,
Re-Opening Guidelines ,
Rehiring Issues ,
Remote Working ,
Retaliation ,
Risk Assessment ,
Shelter-In-Place ,
State Labor Laws ,
Voluntary Reduction in Force ,
Wage and Hour ,
Workplace Safety
Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies...more
2/22/2020
/ Borello Test ,
Business Licenses ,
Construction Industry ,
Contractor's State License Board ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
General Contractors ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Subcontractors
Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) -
The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more
2/12/2020
/ Administrative Complaints ,
Appeals ,
Class Action ,
Commercial Truck Drivers ,
Concurrent Litigation ,
DFEH ,
Employer Liability Issues ,
Equitable Tolling ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
FEHA ,
Jury Trial ,
Medical Leave ,
Minimum Wage ,
Police ,
Policies and Procedures ,
Preemption ,
Reaffirmation ,
Rest and Meal Break ,
Reversal ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Statute of Limitations ,
Summary Judgment ,
Traveling Employee ,
Wal-Mart ,
Workers' Compensation Claim
This month's key California employment law cases involve the Dynamex case and the effect of prior administrative hearing on a civil lawsuit....more
8/26/2019
/ ABC Test ,
Administrative Proceedings ,
CA Supreme Court ,
CalPERS ,
Collateral Estoppel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Jury Trial ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Unemployment Insurance
This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more
5/2/2019
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Dismissals ,
Employment Contract ,
Hiring & Firing ,
Hostile Environment ,
Medical Leave ,
Motion to Compel ,
Nonprofits ,
Prior Claims ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
Retaliation ,
Retroactive Application ,
Salvation Army ,
Summary Judgment ,
Title VII
This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal.
Troester v. Starbucks Corp., 235 Cal. Rptr. 3d 820 (2018) -
Summary: Employer that requires...more
8/21/2018
/ Appeals ,
Arbitration Agreements ,
CA Supreme Court ,
Contract of Adhesion ,
De Minimis Claims ,
Disability Discrimination ,
Employer Liability Issues ,
Harassment ,
Iskanian v CLS Transportation ,
Private Attorneys General Act (PAGA) ,
Public Policy ,
Starbucks ,
State Labor Laws ,
Totality of Circumstances Test ,
Unpaid Wages ,
Void Contracts ,
Wage and Hour
In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
The National Labor Relations Board has overturned E.I. du Pont de Nemours, 364 NLRB No. 113 (2016), a 2016 decision that limited changes employers could implement in union workplaces. The Board’s reversal means that...more
It’s nearly impossible to turn on the TV and not hear something about the NFL player protests and whether such actions are protected speech under the First Amendment. While these protests started last season, they have grown...more
9/29/2017
/ Business Disruption ,
Collective Bargaining Agreements (CBA) ,
Employee Handbooks ,
Employment Contract ,
Employment Policies ,
First Amendment ,
Free Speech ,
NFL ,
Political Speech ,
Popular ,
Private Sector ,
Protests ,
Trump Administration
This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more
8/22/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Co-Workers ,
Contacts List ,
Demurrers ,
Discovery ,
Employee Benefits ,
Former Employee ,
Good Cause ,
Labor Law Violations ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Reaffirmation ,
Reversal ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour ,
Waiting Periods