In 1990, the Americans with Disabilities Act (ADA) was passed, a civil rights law that prohibited discrimination against individuals with disabilities in all public areas of life, especially the in workplace. In 2008, the ADA was supplemented with the Americans with Disabilities Act Amendments Ac...
Recently, the Ninth Circuit issued an important decision regarding job applicants and pre-employment drug testing, Johnson v. WinCo Foods.
Supreme Court holds that PAGA waivers in arbitration agreements are enforceable.
California’s legislature is considering an aggressive push toward increased pay transparency.
BREAKING: California Supreme Court Rules that Meal and Rest Breaks are Wages Under Sections 203 and 226
Today, the California Supreme Court issued a very significant decision for employment litigators and employers in California: Naranjo v. Spectrum Security Services, S258966 (May 23, 2022). As most readers know, if an employer fails to provide a non-exempt employee with a compliant meal or rest...
New proposed law will limit employer's ability to monitor employees' digitial activities.
California Superior Court strikes down diversity law as unconstitutional.
Court enforces Labor Code section 970 and rejects at-will employment defense.
Employers Strike Out: Court of Appeal Holds that Manageability Issues Are Not Sufficient Justification for Striking PAGA Claims
In late 2021, the California Court of Appeal, in Wesson v. Staples The Office Superstore, LLC, held that “courts have inherent authority to ensure that PAGA claims can be fairly and efficiently tried and, if necessary, may strike claims that cannot be rendered manageable.” The decision was widel...
Congress passes bi-partisan bill prohibiting mandatory arbitration of sexual harassment claims.
Supreme Court establishes employee-friendly legal standard for retaliation claims under section 1102.5.
Private employers that are federal contractors may still be subject to Biden's vaccine mandate.
SB 331 increases non-disclosure bans in settlement agreements.
US Supreme Court takes appeal of case involving waiver of PAGA claims in arbitration agreements.
On January 1, 2022, AB 701 will come into effect in the state of California, heralding an effort to regulate the use of production quotas in the state’s large warehouses.
Recently, in Clarke v. AMN Services, LLC, the Ninth Circuit found that a per diem benefit paid to traveling clinicians for expenses incurred while working away from home was compensation required to be included in the regular rate of pay for purposes of calculating overtime pay.
Castle Law: California Employment Counsel, PC is please to announce the addition of Partner Lisa L. Bradner, Esq. as a Partner!
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.