Generally, a coworker’s misconduct outside of work does not constitute harassment under the Fair Employment and Housing Act (FEHA). However, management or Human Resources receiving complaints should not ignore such...more
10/14/2025
/ Anti-Harassment Policies ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Prevent ,
FEHA ,
Hostile Environment ,
Human Resources Professionals ,
Off-Duty Employees ,
Off-The-Clock ,
Sexual Harassment
As defense attorneys, we often encounter matters where an employer’s good-faith mistake gives rise to wage and hour litigation. While ignorance of the law generally provides no defense, a good-faith mistake, historically...more
9/29/2025
/ Appeals ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Liquidated Damages ,
Misclassification ,
Paid Sick Leave ,
Penalties ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. In this part we discuss the Early Evaluation Conference....more
This is the second of a three-part series addressing the changes in California’s Private Attorneys General Act.
Below, we discuss an employer’s opportunity to cure alleged PAGA violations...more
Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims....more
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more
5/29/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour