Seyfarth Synopsis: Two appellate courts applying California law have rejected hypertechnical challenges to the adequacy of wage statements under Labor Code section 226. The decisions provide some clarity, remind us that the...more
Seyfarth Synopsis: The California Supreme Court invalidated an employment arbitration agreement on August 29, 2019. At issue in OTO, LLC v. Kho was an agreement to arbitrate employment claims, including wage claims. Under the...more
9/11/2019
/ Arbitration ,
Arbitration Agreements ,
Berman Hearings ,
CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fairness Standard ,
Federal Arbitration Act ,
Preemption ,
Unconscionable Contracts ,
Wage and Hour
Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more
8/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal v State Law Application ,
FEHA ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Preemption ,
Supremacy Clause
Seyfarth Synopsis: Employers must pay “waiting time” penalties for willfully failing to timely pay wages due upon termination. Last week the California Court of Appeal dealt employers a double whammy: (i) mere negligence can...more
6/1/2018
/ Class Action ,
Class Certification ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Negligence ,
Penalties ,
Summary Judgment ,
Termination ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
1/2/2018
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Hiring & Firing ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment
Seyfarth Synopsis: The California Court of Appeal upheld the Privette doctrine, holding that an independent contractor’s employee generally may not recover tort damages for work-related injuries from the contractor’s hirer....more
Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more
Seyfarth Synopsis: An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses, was unenforceable...more
Seyfarth Synopsis: Under Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more
Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more
8/2/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Corporate Counsel ,
Federal Arbitration Act ,
Harassment ,
Motion to Compel ,
Pre-Employment Agreements ,
Race Discrimination ,
Retaliation
Seyfarth Synopsis: California Court of Appeal holds that (1) an outside attorney’s investigation can be privileged even though the attorney simply investigated facts, and (2) the employer does not waive the privilege simply...more
7/11/2016
/ Affirmative Defenses ,
Attorney-Client Privilege ,
Corporate Counsel ,
Discovery ,
Equal Employment Opportunity Commission (EEOC) ,
Internal Investigations ,
Outside Counsel ,
Retaliation ,
Sexual Harassment ,
Work-Product Doctrine ,
Young Lawyers
Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
Moore v. Regents of the University of California serves as a reminder to...more
6/29/2016
/ Appeals ,
California Family Rights Act (CFRA) ,
Corporate Counsel ,
Disability Discrimination ,
FEHA ,
Hiring & Firing ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Reversal ,
Summary Judgment ,
Wrongful Termination
Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities.
On...more