News & Analysis as of

Employer Liability Issues Cal Code of Civil Procedure

Ervin Cohen & Jessup LLP

The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error....more

Farella Braun + Martel LLP

Trial Courts’ Tool Box Doesn’t Include PAGA Manageability Authority

In Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court jump-started 2024 with a boon to employees, ending trial courts’ inherent authority to dismiss unmanageable claims under the Private Attorneys’ General...more

Fox Rothschild LLP

New Demands for Disclosure Impact Employment Litigation in California

Fox Rothschild LLP on

Parties in California state court employment lawsuits and other actions may now deploy a potent new discovery tool. New demands for disclosure may be used in employment litigation and other lawsuits, with exceptions, filed in...more

Sheppard Mullin Richter & Hampton LLP

New California Law Prohibits Automatic Stay of Trial Court Action When Appealing Denial of a Motion to Compel Arbitration

On October 10, 2023, California Governor Newsom signed into law S.B. 365, a bill that amends California Code of Civil Procedure Section 1294. The new law provides that when a party appeals an order denying a motion to compel...more

Davis Wright Tremaine LLP

Workplace Violence Prevention Obligations Coming to Most California Worksites

The California Legislature has enacted a first-of-its-kind workplace violence prevention law that applies across all industries and to nearly every employer with operations in California. On September 30, 2023, Governor Gavin...more

Davis Wright Tremaine LLP

California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined...more

Constangy, Brooks, Smith & Prophete, LLP

Five must-watch areas for California employers in 2022

Here's what employers need to heed in 2022. No. 1: Settlement and separation agreements. Pay attention to any new settlement, employment, or severance agreements. We already know that settlement agreement provisions...more

Morgan Lewis

California Employers: New Law Limits NDAs in Settlement & Severance Agreements

Morgan Lewis on

California Governor Gavin Newsom on October 7 signed Senate Bill 331, which will prohibit employers from (1) including in a settlement agreement a clause that restricts an employee’s right to disclose information about...more

Weintraub Tobin

Employers Beware – Confidentiality and Non-Disparagement Provisions Face Further Restrictions

Weintraub Tobin on

In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements...more

Payne & Fears

Key California Employment Law Cases: April 2021

Payne & Fears on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Payne & Fears

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

Payne & Fears on

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

Buchalter

New California Employment Law Changes Effective January 1, 2019 and Beyond

Buchalter on

As the New Year approaches, there are several critical changes in California’s employment laws set to take effect. Many of these changes were driven by the #MeToo movement, which marked its first anniversary in 2018 and is...more

Farella Braun + Martel LLP

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Sexual Harassment Legislation Will Make It More Difficult for Employers to Resolve Claims

In the waning days of his final term of office and on the last possible day under the legislative calendar, on September 30, 2018, California Governor Jerry Brown signed a trio of bills into law that should have a dramatic...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

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