Category Archives: California

California: A Request for Accommodation Alone Will Be Considered a “Protected Activity” for Purposes of Retaliation or Discrimination Under FEHA

In the summer of 2015, California Governor Jerry Brown signed Assembly Bill No. 987, which, as of January 1, 2016, amended California’s Fair Employment and Housing Act (Government Code section 12940 et seq.) (“FEHA”) to prohibit an employer from retaliating … Continue reading

Posted in California, Discrimination, Fair Employment and Housing Act, FEHA, Reasonable Accommodation, Retaliation | Leave a comment

Unlimited Time or Unlimited Trouble? San Francisco Startup Offers Ex-Employees Cash to Avoid Suits Over PTO Policy Problems

A high-profile California technology startup that provides online access to insurance and human resource management solutions for small businesses, has found itself in the ironic position of offering to pay cash to former employees to avoid legal liabilities associated with … Continue reading

Posted in Accrued Time, California, Compensation, Employee Policies & Procedures, Medical Leave, Vacation Policies | Leave a comment

California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer

California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading

Posted in California, California Court of Appeal, Compensable Time, Employee Policies & Procedures, Employment Contracts, Wage and Hour | Leave a comment

Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption

The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading

Posted in California, Employee Policies & Procedures, Foreign Corrupt Practices Act, Litigation, Retaliation, Whistleblower, Wrongful Termination | Leave a comment

New California Law Allows Health Care Workers to Waive Meal Periods

On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Compensable Time, Healthcare, Meal and Rest Breaks, Wage and Hour | Leave a comment

California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Class Actions, Employee Policies & Procedures, Healthcare, Meal and Rest Breaks, Overtime, Wage and Hour | Leave a comment

9th Circuit: Employers Can’t Force Arbitration of an Employee’s Representative PAGA Claims

In an important and highly anticipated decision for California employers, the United States Court of Appeals for the Ninth Circuit sided with the California Supreme Court in upholding the 2014 Iskanian rule (Iskanian v. CLS Transp. Los Angeles, LLC, 59 … Continue reading

Posted in California, California Labor Code, California Private Attorneys General Act of 2004 (PAGA), California Supreme Court, Class Actions, Ninth Circuit Court of Appeals | Leave a comment

Overlapping Regulations Compel Extreme Caution by California Employers Before Conducting Employee Background Checks

California has two laws that regulate consumer information that can be collected and provided to employers for use during the process of making employment decisions. Unfortunately, each of the laws have differing disclosure and authorization requirements with which California employers … Continue reading

Posted in Background Check, California, California Civil Code, California Labor Code, CCRAA, Confidentiality, Consumer Credit Reports, Employee Policies & Procedures, Fair Credit Reporting Act, ICRAA | Leave a comment

New California Law Requires Grocery Stores to Retain Employees for 90 Days After Change of Ownership

On August 17, 2015, California Governor Jerry Brown signed into law AB 359, which provides protections to certain grocery industry employees upon a change of ownership of the grocery establishment. This new law is being billed as the first State … Continue reading

Posted in California, Hiring, Ownership Transition, Retail | Leave a comment

Munoz Decision Grants California Employers Greater Clarity When Class Action Certification is Denied in Employee Lawsuits

It is well established under California law that an order denying class certification, leaving only the named plaintiff’s individual claims, is an appealable order under the “death knell” doctrine.

Posted in California, Class Actions, PAGA | Leave a comment

California Employee Class Action on Wages and Breaks Confirms Narrow Threshold for Federal Jurisdiction

On February 18, 2005, Congress enacted the Class Action Fairness Act of 2005 (“CAFA”), which significantly expanded federal diversity jurisdiction over many class actions. See 28 U.S.C. § 1332(d).

Posted in CAFA, California, Class Actions, PAGA | Leave a comment

Employer Beware: 12 California Labor Code Requirements You Don’t Even Know Exist

California employers tend to be a very aware and engaged community. After all, they need to be in a state as large, complex and highly regulated as California. Most employers in the state are likely very aware of the state’s requirements … Continue reading

Posted in California, California Labor Code, Employee Policies & Procedures | Leave a comment

Companies Must Consider Impact on Culture, Compensable Time with Employee Security Searches, Particularly In California

On December 9, 2014, the United States Supreme Court issued a much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), holding that the time warehouse workers spend undergoing security searches before leaving each day is … Continue reading

Posted in California, Compensable Time, Fair Labor Standards Act, FLSA/Overtime, Wage and Hour | Tagged , , , , , , | Leave a comment

California Employers Cannot Rely on PAGA Claim Waivers in Arbitration Agreements with Employees

California’s Private Attorneys General Act of 2004 (PAGA) permits an “aggrieved employee” to bring a private right of action against an employer to recover civil penalties for specifically enumerated violations of the California Labor Code. See Cal. Lab. Code §§ … Continue reading

Posted in Arbitration, California, Uncategorized | Tagged , , , , , | Leave a comment

California’s Uber Decision Deepens the Employee vs. Independent Contractor Debate in Emerging Industries

On June 3, 2015, the California Labor Commission found that a driver for the wildly popular ride-hailing service Uber was in fact operating as an employee, and not as an independent contractor, making her eligible for reimbursement of work expenses … Continue reading

Posted in California, Employee Classification, Independent Contractors | Tagged , | Leave a comment