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Oral arguments suggest hesitancy from SCOTUS to agree with the Seventh Circuit on SuperValu FCA case

On April 18, 2023, the U.S. Supreme Court (SCOTUS) heard oral argument in the most significant False Claims Act (FCA) case to reach the Court in recent years. The Court is examining the scienter requirement in the FCA –...more

Break out calculators & checkbooks: CA holds meal/rest break penalties include non-discretionary pay

California has long required employers to pay employees a wage premium that is the equivalent to one hour of regular pay if they are not provided a compliant meal or rest break. This single issue is the subject of countless...more

Out with the new, in with the old: L.A. County to require masks for all while indoors . . . again

Los Angeles County health officials announced Thursday that they would be re-implementing a countywide face covering mandate requiring all persons regardless of vaccination status to don face coverings while indoors starting...more

CA employers finally have guidance from Cal-OSHA on updated workplace COVID-19 prevention protocols

The state of California, after a series of recommendations that were made and then withdrawn, has finally settled on new workplace safety guidance. The Cal-OSHA Advisory Board approved the updated workplace COVID-19...more

“You’re gonna need a bigger boat”: COVID-19 reopening protocols require Hollywood to adopt significant changes to production

Hollywood got the greenlight to resume film and television productions from Los Angeles County Public Health officials last week. But art – like life – in a COVID-19 world could look very different under the detailed new...more

CDC releases new guidance on considerations for events and gatherings

The CDC recently released new guidance on considerations for events and gatherings. The scope of the guidance is broad, covering any planned or spontaneous event, even those with only small numbers of people. ...more

EEOC updates COVID-19 Q&A

Last week, the EEOC updated its Q&As for “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”.  Here are some highlights...more

Los Angeles adopts ordinances giving certain laid off workers “Right to Recall” and right to be retained during a change of...

The Los Angeles City Council adopted two ordinances on April 29 that will significantly limit changes that operators of hotels, entertainment and sports venues, and some commercial buildings will be permitted to make when...more

California grants additional paid sick leave rights to food sector workers

California food sector workers now have the right to additional paid sick leave, even if they work for large employers exempted from the federal Families First Coronavirus Response Act (FFCRA). And they are also entitled to...more

Larger California employers face growing local requirements to provide paid COVID-19-related sick leave and other accommodations

The Families First Coronavirus Response Act (FFCRA) imposes new requirements – and offers off-setting tax credits – for employers with fewer than 500 employees to provide paid leave for COVID-19-related reasons....more

The Coronavirus Aid, Relief, and Economic Security Act: Significant Provisions for Employers

On March 27, 2020, the President signed into law a massive two trillion dollar stimulus bill addressing a wide range of challenges to our economy caused by the coronavirus (“COVID-19”) pandemic. ...more

Coronavirus in California: State Confirms Paid Leave Benefits and Protections Available to Employees

With the number of confirmed cases of the novel coronavirus (COVID-19) rising in California, the Department of Industrial Relations (DIR) and the Employment Development Department (EDD) have issued guidance and reminders on...more

Equal Pay: In Ninth Circuit, Prior Salary Is No Defense

The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more

California Appellate Rulings Give Employers Some Good News On Break Premiums

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more

It’s Not Just California with an Employee-Friendly Worker Misclassification Test: Massachusetts was an Early Adopter

The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that the California...more

California “#MeToo” Bills Broaden the Scope of State Civil Rights and Sexual Assault Laws

Following in the wake of the #MeToo movement, two new bills adopted by the California Legislature will expand the temporal scope of state-law harassment, discrimination, retaliation, and sexual assault claims. ...more

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

In a Victory for Employers, Supreme Court Requires Express Consent to Class Arbitrations

The Supreme Court ruled on Wednesday that a court cannot force class arbitration unless both the employer and the employee clearly agreed to class arbitration. In Lamps Plus, Inc. v. Varela...more

California Appellate Courts Diverge on Arbitration Agreements

Two California Courts of Appeal came to two different conclusions on motions to compel arbitration on the same day last week (April 10), again demonstrating the care that must be taken in drafting and presenting arbitration...more

Did the California Supreme Court Just Outlaw the Gig Economy?

California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will...more

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