The California Supreme Court recently issued a long-awaited opinion resolving a split in the Court of Appeal over whether trial courts may dismiss unmanageable PAGA actions. In Estrada v. Royalty Carpet Mills, Inc., filed...more
Over the past several years a growing number of cities, counties and states have enacted some form of pay transparency laws covering a wide range of issues. Most of these laws aim to prevent pay discrimination and provide...more
On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more
10/28/2022
/ Appeals ,
CA Supreme Court ,
Dismissals ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Home Depot ,
Putative Class Actions ,
Reversal ,
Rounding ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour ,
Wages
California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices....more
9/29/2022
/ Anti-Discrimination Policies ,
Background Checks ,
Cannabis Products ,
Drug Testing ,
Employment Discrimination ,
Exceptions ,
Federal Contractors ,
Federal Funding ,
FEHA ,
Governor Newsom ,
Marijuana ,
Off-Duty Employees ,
Protected Class ,
Security Clearance ,
State Labor Laws
On May 15, 2022, the U.S. Supreme Court issued the much-anticipated and employer-favorable ruling in Viking River Cruises v. Moriana, holding, in an 8-1 decision, that the Federal Arbitration Act (FAA) preempts the California...more
6/20/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana ,
Waivers
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc., the California Supreme Court clarified that a violation of Labor Code section 226.7 (payment of premium wages for meal and rest period violations) gives rise to...more
5/26/2022
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Premium Pay ,
Putative Class Actions ,
Rest and Meal Break ,
State Labor Laws ,
Statutory Deadlines ,
Wage and Hour ,
Wage Statements
As California and the U.S. enjoy a surge in the travel industry again, the newly codified Labor Code section 2810.8 sets forth the obligations of California employers with regard to the recall of laid-off employees in many...more
Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granted this extraordinary relief. Apart from clear error, the requirement of showing...more
6/23/2021
/ Article III ,
Employer Liability Issues ,
Irreparable Harm ,
Labor Code ,
Over-Time ,
Petition for Writ of Mandate ,
Private Attorneys General Act (PAGA) ,
Standing ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wal-Mart
It’s no secret that California is typically viewed as the most employee-friendly state in the country. New employee-favored laws are passed so quickly that employee handbooks can be rendered outdated before they go to print....more