Blogs
To Preclude or Not to Preclude: Issue Preclusion in PAGA Cases
Issue preclusion is a legal principle that bars the re-litigation of previously litigated issues in a subsequent case,...
New Employment Laws in Effect January 1, 2023
In 2022, Governor Newsom signed 997 new bills into law, including several key bills which are set to have a...
No, Wait! Can a Party Accept a Section 998 Offer After Summary Judgment?
The vast majority of California employment cases resolve through settlement. The reasons for this are simple: trials...
EMERGENCY: New 2023 Law Provides Emergency Condition Employee Protections
On September 29, 2022, Governor Gavin Newsom signed into law SB 1044, a bill which prohibits retaliation against...
Tail Wagging the Dog?: Plaintiffs’ Ability to Recover Attorney’s Fees Expanded Again
Attorney's fees in employment litigation often reach into the tens or hundred thousands of dollars and often surpass...
California Employers to Be Barred from Testing Employees for Cannabis
Can employers "discriminate" against employees that smoke pot? For many year the answer has been a clear "yes",...
Mixing Booze, Cocaine, and Work: Vicarious Liability for Employees’ Actions Analyzed by California Court of Appeals
In 2015, Hollywood producer Joel Silver brought an entourage to join him on a vacation to a luxury resort in the South...
Castle Law Brings on Experienced Senior Associate!
Transparency? Glassdoor and Anonymous Employer Reviews
Since their inception, business review sites like Glassdoor have consistently promised to protect the anonymity of its...
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...
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,...
Legal Update: US Supreme Court Holds that PAGA Waivers are Enforceable
Today, the United States Supreme Court announced a highly significant decision affecting the waiver of PAGA action...
California Eyes Stricter Pay Disclosure Requirements with SB 1162
California's legislature is considering an aggressive push toward increased pay transparency with SB 1162. If passed,...
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...
Digital Privacy: AB 1651 Proposes to Limit Digital Surveillance in the Workplace
California's Legislative Assembly is considering AB 1651. This comes amid greater public attention on workplace...
Mandating Diversity?: California Court Rules that AB 979 is Unconstitutional
Earlier this month, a Superior Court in Los Angeles County ruled that AB 979, codified as California Corporations Code...
Broken Promises: When At-Will Employment Isn’t Really At-Will
Section 970 of California's Labor Code prohibits employers from using false representations to entice people into...
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...
Congress Cracks Down on Mandatory Arbitration of Sexual Misconduct Claims
Earlier this week, on February 10, 2022, the United States Senate passed H.R. 4445, the “Ending Forced Arbitration of...
California Supreme Court Shifts Retaliation Law in Favor of Employees
On January 27, the California Supreme Court decided Lawson v. PPG Architectural Finishes, in which it decided what...