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Key California Employment Law Case Studies: February 2023

Helix Energy Solutions Group Inc. v. Hewitt, 143 Superior Court 677 (2023) - Summary - Employee was eligible for overtime pay under the Fair Labor Standards Act (“FLSA”) because his “daily-rate” plan did not satisfy...more

Employers May Require Arbitration Agreements as Condition of Employment, Federal Appeals Court Holds

After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more

Key California Employment Law Case Summaries: September, October, and November 2022

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Key California Employment Law Cases: July 2022

Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) - Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at...more

U.S. Supreme Court Holds Individual PAGA Claims Are Arbitrable

In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...more

Key California Employment Law Cases: August 2021

Zuniga v. Alexandria Care Ctr., LLC, 67 Cal. App. 5th 871 (2021) Summary: An expert may rely on inadmissible evidence to form an opinion if the source is reliable. Facts: Plaintiff Rosalinda Zuniga was employed by...more

Ninth Circuit Vacates Preliminary Injunction Against Enforcement of Mandatory Employment Arbitration Agreement Ban

This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more

Case In Point: Recent Developments in Employment Law [Video]

Welcome to the first edition of a new series, “Case in Point.” During these short videos, we’ll recap several of the key employment cases from the last few months and discuss what they mean for employers in California. In...more

Key California Employment Law Cases: April 2021

California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) - Summary : The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether a...more

Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers

The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended at Labor...more

Key California Employment Law Cases: January 2021

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...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: November 2020

Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Federal Judge Issues Preliminary Injunction Blocking State's Enforcement of New Law Banning Mandatory Employee Arbitration...

On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration...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

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