To Preclude or Not to Preclude: Issue Preclusion in PAGA Cases
Recent Court of Appeal opinion disagrees with 2022 ruling from different district on issue of PAGA issue preclusion.
New Employment Laws in Effect January 1, 2023
Summary of new employment laws for California in 2023.
No, Wait! Can a Party Accept a Section 998 Offer After Summary Judgment?
California Court of Appeal addresses whether a party can accept 998 offer after summary judgment hearing when motion is granted.
EMERGENCY: New 2023 Law Provides Emergency Condition Employee Protections
2023 New Legal Update: Emergency Condition Protections for Employees
Tail Wagging the Dog?: Plaintiffs' Ability to Recover Attorney's Fees Expanded Again
California Court of Appeal Holds that Meal and Rest Breaks Premiums are Wages for Purposes of Recovering Attorney's fees.
California Employers to Be Barred from Testing Employees for Cannabis
California set to make workplace discrimination based on cannabis usage illegal.
Mixing Booze, Cocaine, and Work: Vicarious Liability for Employees' Actions Analyzed by California Court of Appeals
Vicarious Liability for Employees' Actions Analyzed by California Court of Appeals
Transparency? Glassdoor and Anonymous Employer Reviews
New case on anonymous employer reviews.
Ninth Circuit: Temporary Impairments Can Still Be Considered Disabilities
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...
Employers Not Required to Compensate Job Applicants for Pre-Employment Drug Testing
Recently, the Ninth Circuit issued an important decision regarding job applicants and pre-employment drug testing, Johnson v. WinCo Foods.
Legal Update: US Supreme Court Holds that PAGA Waivers are Enforceable
Supreme Court holds that PAGA waivers in arbitration agreements are enforceable.
California Eyes Stricter Pay Disclosure Requirements with SB 1162
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...
Digital Privacy: AB 1651 Proposes to Limit Digital Surveillance in the Workplace
New proposed law will limit employer's ability to monitor employees' digitial activities.
Mandating Diversity?: California Court Rules that AB 979 is Unconstitutional
California Superior Court strikes down diversity law as unconstitutional.
Broken Promises: When At-Will Employment Isn't Really At-Will
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 Cracks Down on Mandatory Arbitration of Sexual Misconduct Claims
Congress passes bi-partisan bill prohibiting mandatory arbitration of sexual harassment claims.
California Supreme Court Shifts Retaliation Law in Favor of Employees
Supreme Court establishes employee-friendly legal standard for retaliation claims under section 1102.5.
While Biden’s Vaccine Mandate Appears Dead, the Mandate for Federal Contractors Remains in Limbo
Private employers that are federal contractors may still be subject to Biden's vaccine mandate.
California Further Expands Limits on Non-Disclosure Provisions in Settlement Agreements
SB 331 increases non-disclosure bans in settlement agreements.
Employers to Cruise to Victory in PAGA Cases in 2022?
US Supreme Court takes appeal of case involving waiver of PAGA claims in arbitration agreements.
California Cracks Down on Quotas for Warehouse Employees Going into 2022
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.
Employers Should Review Expense Reimbursements in Light of Recent Ninth Circuit Decision
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.
