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California Supreme Court to Address Rounding of Employee Time

This past month, the California Supreme Court granted a petition to review the Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc. As we wrote about previously, the Court of Appeal in Camp departed from a...more

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Ninth Circuit Upholds Portions of California Law Prohibiting the Use of Mandatory Employment Arbitration Agreements

The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

California Appellate Court Decisions Impact Wage and Hour Actions

Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

California Rules 'ABC' Independent Contractor Test Applies Retroactively

In Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018), the California Supreme Court held that any individual who performs work for a person or entity is presumed to be an employee who falls within the...more

Class Actions Quarterly Update: Labor and Employment

Garner v. Inter-State Oil Co., 52 Cal.App.5th 619, Cal. App. 3 Dist., June 26, 2020, as modified (Jul 23, 2020) - Plaintiff filed a class action alleging that his employer, Inter-State Oil Co., violated a variety of wage...more

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