Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more
Seyfarth Synopsis:
The California Supreme Court reaffirmed that arbitration agreements are on equal footing with other types of contracts. Therefore, a court should apply the same principles that apply to other contracts...more
The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with...more
5/8/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Labor Code ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour ,
Wage Orders
On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for...more
On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what...more
Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more
Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more
1/11/2024
/ Adverse Employment Action ,
Burden-Shifting ,
But For Causation ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Retaliation ,
Termination ,
Wrongful Termination
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
12/19/2023
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Hiring & Firing ,
Interactive Process ,
Rehabilitation Act ,
Workplace Hazards ,
Wrongful Termination
Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more
Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy...more
Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al...more
Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more
5/31/2023
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
California ,
DLSE ,
Employment Litigation ,
Hiring & Firing ,
Labor Code ,
Labor Law Violations ,
Labor Standards Enforcement ,
State Labor Laws ,
Unpaid Wages ,
Whistleblower Protection Policies ,
Whistleblowers
Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more
5/23/2023
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Healthcare Workers ,
Hiring & Firing ,
New Guidance ,
State Labor Laws ,
Vaccinations
Seyfarth Synopsis: The California Court of Appeal held that separate arbitration and confidentiality agreements that were executed simultaneously during initial hiring should be read together, such that the unconscionability...more
Seyfarth Synopsis: A California Court of Appeal ruled that both the Fair Employment and Housing ACT (FEHA) and California’s Pregnancy Disability Leave law (PDL) require a plaintiff to prove that the plaintiff had a condition...more
Seyfarth Synopsis: A divided Ninth Circuit Court of Appeals panel has ruled that the Federal Arbitration Act (FAA) preempts California Assembly Bill 51 (AB 51), which purports to prohibit employers from requiring job...more
On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and...more
2/6/2023
/ California ,
Employees ,
Labor Reform ,
Local Ordinance ,
Military Leave ,
Military Service Members ,
OLSE ,
Paid Leave ,
Paid Time Off (PTO) ,
San Francisco ,
USERRA ,
Wage and Hour
Seyfarth Synopsis: Under the Fair Labor Standards Act (FLSA) and applicable federal regulations, percentage of earnings bonuses can be excluded from the calculation of the regular rate of pay for purposes of calculating...more
Seyfarth Synopsis: Neutral rounding policies have long been approved by the California courts. See’s Candy Shops, Inc. v. Superior Court (2012). However, the California Court of Appeal recently held that employers who “can...more
Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting...more
Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting...more
Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement....more
Seyfarth Synopsis: As previously discussed here, on September 29, 2020, Governor Newsom signed AB 1963, an amendment to the Child Abuse and Neglect Reporting Act, which will become effective January 1, 2021. The revised Act...more
Seyfarth Synopsis: California Business and Professions Code section 16600 expresses California’s strong public policy of protecting the right of citizens to pursue any lawful employment. ...more
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give...more
12/13/2019
/ Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Graphic Designs ,
Hiring & Firing ,
Independent Contractors ,
Journalists ,
Labor Code ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Photographs ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages