Recently, the California Supreme Court answered the long-awaited question as to whether the ABC test set forth in Dynamex Operations W., Inc. v. Superior Court (2018) (“Dynamex”) to classify workers as independent contractors applies retroactively. The answer is yes.
Notable changes to the California Family Rights Act (“CFRA”) recently went into effect on January 1, 2021.
During the California Supreme Court’s weekly conference on December 16, 2020, the Court granted review in an employment arbitration case, Conyer v. Hula Media Services, LLC.
A PAGA lawsuit against the same employer is barred by claim preclusion if it covers the same time period and alleges the same violations as a prior PAGA lawsuit
Cal/OSHA Issues Extensive Emergency Covid-19 Regulation that all employers should review.
Governor Newsom recently signed into law new legislation that expands job-related protections for crime victims. Assembly Bill 2992 (“AB 2992”) prohibits employers of any size from discharging, discriminating, or retaliating against an employee who is a victim of crime or abuse for taking time...
Recently, in Midwest Motor Supply Co. v. Finch, the Court of Appeal found that an employee's right under Section 925 of the Labor Code to void a forum-selection clause in an employment agreement is triggered when a modification to any provision of the agreement occurs on or after January 1, 2017....
New Covid-19 Reporting Law Imposes Notice Requirements on Employers and Expands Cal/OSHA’s Authority
AB 685, which becomes effective on January 1, 2021, requires employers to take specified actions once the employer receives notice of a Covid-19 outbreak or potential exposure to Covid-19 in the workplace.
Recently, in Conyer v. Hula Media Services, LLC, a California Court of Appeal held that an arbitration agreement in an employee handbook was enforceable despite unconscionable terms, which could be severed. Notably, the court rejected the employee's argument that he did not know the employee han...
New local law impacts Sacramento businesses.
The law regarding whether time spent commuting to and from work constitutes compensable “hours worked” is very factually driven.
Threat to terminate employment could be extortion.
That One Hurts! California Supreme Court Holds that Plaintiffs May Pursue PAGA Penalties Even After Settling Individual Claims
California Supreme Court deals blow to California employers with another expansive PAGA decision.
Ninth Circuit Confirms the Scope of the “Factor Other than Sex” Defense to Equal Pay Act Claims is Limited
In April 2018, an en banc Ninth Circuit held that the “factor other than sex” defense to Equal Pay Act (“EPA”) claims is limited to job-related factors and prior pay, alone or in conjunction with other considerations, is not among such factors upon which an employer may rely to defend against an ...
California issues new decision on compensable nature of security searches.
What’s in a Name? Court of Appeal Green Lights Claim Against an Employer for Failure to Include Employer’s Legal Name on Wage Statements
California Pay Stubs Must Include Accurate Employer Name.
Court of Appeal issues new ruling on tipping law.
The Court of Appeal clarified for employers the proper method for calculating meal and rest break premium pay. In Ferra v. Lowes Hollywood Hotel, LLC, the court held that “regular rate of compensation,” as used in Labor Code Section 226.7 governing premium pay for missed meal and rest breaks, means an employee’s base hourly wage, not the "regular rate of pay," that is required to be used when paying overtime wages.
Who’s in Charge Here?: Ninth Circuit Finds Franchisor Not Liable as Joint Employer in a Wage and Hour Lawsuit Filed by Franchisee’s Employees
Recently, in Salazar v. McDonald's Corp., the Ninth Circuit found that a franchisor lacked sufficient control over the franchisee's employees to be liable as a joint employer for alleged violations of California wage and hour laws. Notably, the franchisor avoided liability despite some evidence indicating the franchisor had knowledge that the franchisee was violating wage and hour laws.
Give me a Break: Employer’s Failure to Pay Break Penalties Alone Does Not Necessarily Lead to Derivative Late Pay and Wage Statement Penalties
An employer can be liable for missed rest and meal break penalties without it being a failure to pay wages giving rise to derivative wage statement and late pay claims.
California Supreme Court ruling clarifies that civil penalty of unpaid wages is not recoverable under PAGA.
California Supreme Court rejects another employee arbitration agreement.
Employees cannot sue for conversation to recover unpaid wages.
PAGA Claims can't be split between arbitration and court, even when underlying wages are sought as a penalty.