Archives: California

Subscribe to California RSS Feed

US Supreme Court Begins New Term with Three Arbitration Cases Set for Oral Argument in October

We’ve been keeping you apprised of the many developments over the past few years coming from the United States Supreme Court and other courts concerning agreements between employers and their employees to arbitrate disputes arising out of the employment relationship.  The Supreme Court’s decision last term in Epic Systems v. Lewis, which we discussed in … Continue Reading

California Legislature Passes Bill Prohibiting Arbitration Agreements and Non-Disclosure Agreements Regarding California Employment Law Claims

On August 22, 2018, the California State Senate passed AB 3080, which, if signed into law by Governor Jerry Brown, would invalidate two types of commonly-used employment contracts that have been the subject of significant dialogue in the vast wake of the #metoo movement. First, the bill proposes to prohibit employers from requiring employees to … Continue Reading

Minutes Count: California Supreme Court Rejects De Minimis Doctrine for Wage Claim

On July 26, 2018, the California Supreme Court ruled in Troester v. Starbucks Corporation that the federal de minimis doctrine does not apply to a California employee’s class action wage claims.  This ruling will have widespread impact, particularly on those employers with large numbers of non-exempt employees such as retailers and food service providers, as … Continue Reading

California’s New Candor: Disclosing Rehiring Ineligibility for Employees Terminated for Harassment

Your company did the right thing: One of your employees reported a violation of your company’s sexual harassment policy, HR did an investigation and found the report credible, and the alleged harasser’s employment was terminated.  The employee is gone, but what do you do if the terminated employee’s potential new employer calls for a reference … Continue Reading

California’s New “ABC Test” For Independent Contractors Is Anything But Elementary

On April 30, the California Supreme Court adopted in Dynamex Operations West, Inc. v. Superior Court the so-called “ABC test” to determine whether individuals are employees or independent contractors for purposes of determining the applicability of California’s Wage Orders.  The Wage Orders govern important employment issues including California’s unique daily overtime regimen and its requirements … Continue Reading

California Supreme Court Applies DLSE Overtime Pay Calculation Requirements Retroactively (US)

Few issues strike fear into the hearts of payroll professionals like trying to calculate overtime pay, especially given the challenges associated with determining the “regular rate of pay,” which serves as the foundation for the calculation of overtime pay for non-exempt, hourly employees. On Monday, March 5, 2018, the California Supreme Court ruled in favor … Continue Reading

California Federal Court Finds That “Gig Economy” Workers Are Independent Contractors, Not Employees (US)

Uber, Lyft, Airbnb, Postmates, DoorDash.  All are companies participating in what has been labeled the “gig economy,” where tasks are performed by workers on a short-term or freelance basis rather than through long-term or permanent employment.  As more people participate in this new, mostly smartphone application or Internet-based work model, litigation has followed centering on … Continue Reading

Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading

As the Feds and California Play Tug-Of-War Over Immigration Enforcement, Are Employers Caught in the Middle?

California Governor Jerry Brown recently signed a package of bills into law, affectionately known as “Sanctuary State” legislation. Collectively, these new laws, which take effect on January 1, 2018, will prevent State and local enforcement agencies from acting as deputies for federal immigration enforcement authorities, prevent local authorities from detaining immigrants beyond scheduled release dates … Continue Reading

California Latest State to Adopt No-Ask Law

On October 12, 2017, California Governor Jerry Brown signed a salary privacy law prohibiting California employers from seeking or relying on salary history information, including compensation and benefits, about an applicant for employment. Agents of the employer, such as recruiters, are also prohibited from seeking for this information. Further, upon reasonable request, employers must provide … Continue Reading

California Supreme Court Marshalls out More Plaintiffs’ PAGA Rights

On July 13, the California Supreme Court issued its long awaited decision in Williams v. Superior Court. The Court greatly expanded a plaintiff’s discovery rights in the early stages of litigation. For context, Marshalls of CA, LLC, a retailer with approximately 130 stores and more than 16,000 nonexempt employees, was sued by Williams under PAGA. … Continue Reading

California High Court Weighs In On Arbitration, Again

On April 6, 2017, the California Supreme Court issued its decision in McGill v. Citibank, once again striking out against arbitration agreements – this time declining to enforce a provision in a credit card account agreement which prevented the cardholder from bringing a claim for an injunction on behalf of the general public. The legal focus … Continue Reading

Federal District Court Order Suggests It May Put Out To Pasture California’s Law Preventing Internet Publication of Hollywood Actors’ Ages

In a recent decision, United States District Court Judge Vince Chhabria issued a preliminary injunction, temporarily suspending AB 1687, a California law requiring certain online entertainment websites to remove ages of Hollywood actors, upon request by those individuals. The law’s stated purpose is to prevent age discrimination in the entertainment industry. IMDb.com, Inc., owned by … Continue Reading

San Jose Opportunity to Work Ordinance:  What You Need to Know

On November 8, 2016, voters in the City of San Jose approved the “San Jose Opportunity to Work Ordinance.”  The Ordinance is well-intentioned, but open to significant interpretation.  This is important, given the potential exposure to steep penalties and legal liability for failure to comply.  Here, we break down what you need to know, and … Continue Reading
LexBlog