June 16, 2016 4:58pm
On May 18, 2016, the Department of Labor (“DOL”) issued its final rule updating the overtime regulations, defining and delimiting the exemptions for the executive, administrative, professional, and outside computer employees under the Fair Labor Standards Act.
June 16, 2016 4:49pm
The California Fair Employment & Housing Council (“FEHC”) made a number of changes to the Department of Fair Employment & Housing (“DFEH”) regulations, codified in Title Two of the California Code of Regulations.
June 16, 2016 4:44pm
In Wallace v. County of Stanislaus (2016) 199 Cal.Rptr.3d 462, a sheriff’s deputy brought a disability discrimination case against a County based on the County’s removing the sheriff’s deputy from his job as a bailiff, and placing him on an unpaid leave of absence based on an assessment the sheriff’s deputy could not safely perform his job duties as a bailiff. On appeal, the appellate court reversed the trial court’s decision to issue a jury instruction defining discriminatory animus in the context of an employer’s intent to discriminate against a disabled employee, finding it was not necessary to prove intent to discriminate.
March 17, 2016 11:49pm
Many people recognize overt and blatant sexual harassment, but what about more subtle and covert instances? Sexual harassment is still a widespread problem that occurs across all sectors of employment. Sexual harassment violates a victim’s personal dignity, privacy, psychological well-being, and personal boundaries.
March 17, 2016 11:38pm
Increase to California Minimum Wage
Assembly Bill 1506 (amendments to Private Attorney General Act (“PAGA”)
Senate Bill 358- California Fair Pay Act
Senate Bill 432: Removal of “Alien” from the California Labor Code
Senate Bill 501: Modification to Wage Garnishment Restrictions
Assembly Bill 304: Clarification to Sick Leave Law
Assembly Bill 1509: Anti-Retaliation Provision against Family Members of Employee Whistleblowers; Joint Liability Exclusion
Assembly Bill 1513: Piece Rate Compensation Relief
Assembly Bill 970-Expansion of Labor Commissioner’s Powers
Senate Bill 588-Enforcement of Judgments by Labor Commissioner
Assembly Bill 622- E-Verify Misuse
Assembly Bill 987: Accommodation Request=Protected Activity
Senate Bill 579: Time Off for School Activities
Assembly Bill 583: Employment Protections for National Guard Members
Changes to California Family Rights Act (“CFRA”)
December 9, 2015 3:01pm
In a wave of decisions by the National Labor Relations Board (“NLRB”), the NLRB has rejected company’s arbitration agreements which contain class action waivers finding these class action waivers violate the employee’s statutory rights to engage in concerted activity with other employees.
December 9, 2015 2:53pm
In Anheuser-Busch Companies, LLC v. James Alan Clark (Case No. 13-16527, 9th Cir. Nov. 2015), the Ninth Circuit vacated the lower’s district court’s ruling denying an Anti-SLAPP motion brought by Defendant Clark (“Clark”).
November 19, 2015 9:59pm
Over the last few weeks, Governor Jerry Brown has passed important legislation affecting employers in the State of California and has vetoed a bill that would have had a substantial impact on Employer’s arbitration agreements in this state.
November 19, 2015 9:45pm
Earlier this year, we issued several articles discussing the impact of Iskanian and federal district court’s continued rejection of Iskanian’s holding that PAGA waivers in arbitration agreements are not enforceable. (Iskanian v. CLS Transportation (2014) 59 Cal.4th 348.) The Ninth Circuit has now ruled on this issue.
November 19, 2015 7:53pm
The Workers’ Compensation Act (the “Act”) subjects employers to strict liability for injuries sustained by employees while in the course and scope of employment. The Act also makes workers’ compensation benefits the employee’s sole and exclusive remedy against the employer.
October 1, 2015 5:14pm
In late August, the NLRB issued its decision in Browning-Ferris Indus. of California, et. al. v. Sanitary Truck Drivers (362 NLRB No. 186). In a 3-2 decision, the Board determined that Browning-Ferris (a recycling agency) was the “joint employer” of workers who were placed at Browning-Ferris through a staffing firm (Leadpoint Business Services).
October 2, 2015 6:29pm
Just when it looked like arbitration agreements with class action waivers were getting universal approval by this state, the California legislature has decided to interject itself into employee arbitration agreements
June 9, 2015 11:11pm
In a disturbing case for companies sued by employees/former employees under FEHA, and who considered the prevailing party post-trial, the California Supreme Court (in Williams v. Chino Valley Independent Fire
April 7, 2015 9:12pm
In the National Labor Relations Board (“NLRB”)’s quest to stay relevant, the NLRB’s General Counsel have just issued a 30-day memorandum setting forth the type of employer rules or policies
February 4, 2015 6:36pm
On January 20, 2015, in the matter of Iskanian v. CLS Transportation (Case No. S204032, June 23, 2014), the United States Supreme Court denied CLS Transportation’s request for review of the California Supreme Court’s decision.
January 8, 2015 4:48pm
In early December, a California federal court forced two assistant store managers bringing an overtime class action against Sears Holdings Management Corp. to arbitrate their dispute. In so doing, the court held federal law preempts the state prohibition against agreements that waive a worker’s ability to bring a Private Attorney General Act claim.
November 25, 2014 7:02pm
On November 17, 2014, a California federal jury awarded $185 million in punitive damages to a San Diego woman who alleged she was fired by AutoZone Stores, Inc. after she complained she was demoted following the birth of her child. The $186 million award is believed to be the largest employment law verdict for an individual in U.S. history. The record award, however, is likely to be reduced on appeal.
October 30, 2014 11:13pm
Until now, labor contractors bore the burden of liability for proper payment of wages and securing workers’ compensation for the workers they supply to a business. However, California’s recent passage of Assembly Bill 1897 changes these burdens by the creation of a new law, Labor Code section 2810.3, which becomes effective on January 1, 2015.
September 9, 2014 5:00pm
The California Supreme Court recently ruled franchisor Domino’s Pizza could not be held liable for sexual harassment claims brought by a former employee of a franchisee because the franchisor was not a “joint employer” of the former employee (Patterson v. Domino’s). Taking a contradictory approach, the General Counsel’s office for the National Labor Relations Board (NLRB) has authorized charges against McDonald’s in its capacity as a franchisor.
September 9, 2014 4:08pm
In an important decision for franchisors, the California Supreme Court ruled last week Domino’s could not be held liable in sexual harassment lawsuit filed by a franchisee’s former employee.
August 26, 2014 4:31pm
There are risks when you employ domestic help. When a person brings someone into their home to perform domestic services, there could be an assumption that domestic help is immune from tax laws, wage/hour regulations, etc… Nothing could be further from the truth. In this article, we will discuss commonly used domestic help and corresponding pitfalls.
July 7, 2014 6:58pm
In Duran v. U.S. Bank National Association, Case No. S200923 (May 29, 2014), the Court held trial courts must conduct a more detailed analysis at the time of class certification relating to the resolution of individual defenses to class claims, including permitting employers to litigate individual defenses.
May 29, 2014 7:41pm
Employees often stray from their appointed tasks. Some go so far as to assault customers or other employees. Who is to blame when an employee assaults someone?
May 29, 2014 4:25pm
Over the past month, the California appellate courts have decided two more cases related to the enforceability of employer’s arbitration agreements. As discussed more extensively below, an agreement that is one-sided or oppressive in nature will be found unconscionable. However, in a positive development for employers, a delegation clause (allowing for the arbitrator to decide the arbitration agreement’s enforceability) will be enforced.
May 12, 2014 9:13pm
In the clash between the fast-growing world of social media and the plodding evolution of the law, we are faced with the application of old rules to new technology. What may seem like a sound response to protect a client’s online presence might nevertheless be disapproved of and even sanctioned by a court firmly rooted in centuries-old jurisprudence.