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July 2024 Case Summaries

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Employers, Don’t Waive Your Right to Compel Arbitration — The California Supreme Court Just Made It Easier to Do

The Risk of Litigating Before Moving to Arbitrate - Many employers in California ask or require their employees to execute arbitration agreements. When a claim arises, the employer has a choice—proceed with litigation...more

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....more

California Supreme Court Clarifies When Certain Pre- and Post-Shift Activities Qualify as “Hours Worked”

An issue that has long plagued employers in California is whether time an employee spends on the employer’s premises making their way to or from their worksite is compensable. We have seen a spike in lawsuits raising this...more

Key California Employment Law Case Summaries: August 2023

Summary -   Emergency Rule 9, which tolled statutes of limitations for six months due to the COVID-19 pandemic, is valid and operates to extend the time to file a civil suit for a PAGA claim as well as the time period to...more

Key California Employment Law Case Summaries: April 2023

A plaintiff maintains standing to pursue a non-individual PAGA claim in state court when his individual PAGA claim is sent to arbitration pursuant to an arbitration agreement...more

CA Supreme Court: Meal/Rest Break Premiums Can Be the Basis for Waiting Time Penalties and Inaccurate Wage Statement Claims

On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...more

Key California Employment Law Cases: December 2021

Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) - Summary: Heightened civil penalties under Labor Code section 226.3 ($250 & $1,000) do not apply to all violations of section 226, only when the employer...more

Key California Employment Law Cases: July 2021

Ferra v. Loews Hollywood Hotel, LLC, No. S259172, 2021 WL 2965438 (Cal. Jul. 15, 2021) Summary: The term “regular rate of compensation” under California Labor Code section 226.7 is synonymous with the term “regular rate...more

California Supreme Court Holds That Meal And Rest Period Premiums Must Be Paid At The “Regular Rate Of Pay”

Reversing a court of appeal decision that had been welcome news for employers, the California Supreme Court held today in Ferra v. Loews Hollywood Hotel, LLC, S259172, that the term “regular rate of compensation,” used for...more

Key California Employment Law Cases: February 2021

Donohue v. AMN Services., LLC, No. S253677, 2021 WL 728871 (Cal. Feb. 25, 2021) - Summary: Employers cannot engage in the practice of rounding time punches in the meal period context. Time records that show...more

Key California Employment Law Cases: December 2020

Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) - The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more

Key California Employment Law Cases: July 2020

Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

California Supreme Court Addresses Critical Wage and Hour Issues for Employers Involved in Interstate Transportation and with...

In a pair of overlapping opinions issued today – Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc. – the California Supreme Court addressed a wide variety of unsettled questions in California wage-and-hour law....more

Key California Employment Law Cases: March 2020

Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020)  - Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...more

Key California Employment Law Cases: February 2020

Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary:  The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more

California Court of Appeal Provides Further Clarity on Scope of Dynamex

Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more

California Supreme Court Casts Doubt on Arbitration Agreements that Require Civil Litigation Procedures for Wage Claims

On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the “Berman”...more

Ninth Circuit Backtracks On Dynamex Retroactivity

As we previously reported, on May 2, 2019, the Ninth Circuit Court of Appeals in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096, held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc....more

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

California Supreme Court Rejects Federal De Minimis Doctrine for State Wage Claims

On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal "de minimis doctrine" does not apply to claims for unpaid wages under the California Labor...more

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