Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in...more
Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more
1/20/2020
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Motion to Dismiss ,
Motion To Enjoin ,
Motor Carriers ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Teamsters ,
TRO ,
Trucking Industry ,
Trucking Regulations ,
Wage and Hour
Seyfarth Synopsis: In a refreshing display of judicial restraint, the California Court of Appeal has declined to extend California’s “wrongful termination” law to a failure to hire, because in the absence of a preexisting...more
10/2/2019
/ Appeals ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
Race Discrimination ,
Tameny Claim ,
Tort ,
Wrongful Discharge in Violation of Public Policy ,
Wrongful Termination
Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion....more
8/27/2019
/ Alter Ego ,
CA Supreme Court ,
Compensation & Benefits ,
Conversion ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Hiring & Firing ,
Popular ,
Stocks ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters....more
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: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more
5/24/2017
/ Anti-Harassment Policies ,
Employment Discrimination ,
Exempt-Employees ,
Farm Workers ,
Hiring & Firing ,
Labor Law Violations ,
Minimum Wage ,
Over-Time ,
Piece-Rate Pay ,
Reimbursements ,
Religious Accommodation ,
Rest and Meal Break ,
Sales Commissions ,
Sick Leave ,
Traveling Employee ,
Undocumented Immigrants ,
Unions ,
Vacation Leave ,
Wage and Hour ,
Work Schedules ,
Wrongful Termination
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 employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
11/21/2016
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Discrimination ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Protected Activity ,
Public Employees ,
Retaliation ,
San Francisco ,
Termination
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: 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: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person.
The Court of Appeal decision in Castro-Ramirez v. Dependable...more