Tag Archives: California

California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations

Photo of Vivian ShenPhoto of Michael ChamberlinBy Vivian Shen and Michael Chamberlin on Posted in California
On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services, Inc., ruled that employees who are entitled to meal or rest period premiums for denial of compliant meal or rest breaks … Continue Reading

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

Photo of Shareef FaragPhoto of Matthew GoodmanBy Shareef Farag and Matthew Goodman on Posted in California
The Decision On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims under California’s general whistleblower statute — California Labor Code Section 1102.5. Since approximately 2000, California courts required that … Continue Reading

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

Photo of Shareef FaragPhoto of Margaret RosenthalPhoto of Ari SpitzerBy Shareef Farag, Margaret Rosenthal and Ari Spitzer on Posted in California, Wage and Hour
In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As California employers look ahead to their 2022 goals, compliance with these decisions should be top of mind. Donohue: Do … Continue Reading

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

Photo of Todd DawsonPhoto of Christian WhiteBy Todd Dawson and Christian White on Posted in California
In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v. Hassid, Case No. 20-107. The regulation permitted union organizers to remain on company property for … Continue Reading

California Senate Bill 93: Employers, We Have You Covered

Photo of Sabrina ShadiPhoto of Stephanie Alvarez SalgadoBy Sabrina Shadi and Stephanie Alvarez Salgado on Posted in California
On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for recall, laid-off employees had to have been employed by the covered employer for six or more months in … Continue Reading

Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling

Photo of Todd LebowitzBy Todd Lebowitz on Posted in Independent Contractor
Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of quantum physics. Schrödinger’s cat refers to a thought experiment in which a cat in a box is simultaneously alive and dead, until you open the box … Continue Reading

California Supreme Court Applies Dynamex Independent Contractor Test Retroactively

Photo of Joseph S. PersoffBy Joseph S. Persoff on Posted in California, Independent Contractor
The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively.  Therefore, the ABC Test, first developed in the Court’s Dynamex decision, applies to California wage and hour claims implicating a time period prior to issuance of the Dynamex decision on … Continue Reading

Second Circuit Says No California Anti-SLAPP Motions in Federal Court

Photo of Joseph S. PersoffBy Joseph S. Persoff on Posted in California
The Second Circuit Court of Appeals has split with the Ninth Circuit Court of Appeals and concluded that California’s statute to avoid strategic lawsuits against public participation (anti-SLAPP) does not apply in federal court. The initial impact of the decision is limited, as it would not have binding effect on California district courts.  This decision … Continue Reading

AB 2457: A Potential Helping Hand for California Employers in a Time of Need

Photo of Shareef FaragPhoto of Carter NorfleetBy Shareef Farag and Carter Norfleet on Posted in California
With the sudden outbreak of COVID-19 forcing businesses to shut their doors for months, coupled with resulting furloughs and layoffs, California employers could use a helping hand. Assemblywoman Melissa Melendez (R-Lake Elsinore) has proposed new legislation to the California Legislature that could lend a helping hand to employers, especially smaller employers grappling with the impact … Continue Reading

Amendments to FEHA Regulations Effective April 1, 2016

Photo of BakerHostetlerBy BakerHostetler on Posted in California
On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case law interpretations, they also contain several new requirements that impact mandatory employer policies, trainings, and notices. New Harassment, Discrimination, and Retaliation Prevention Policy … Continue Reading

Changes in California Employment Law for 2015

Photo of BakerHostetlerBy BakerHostetler on Posted in California
This BakerHostetler Alert was authored by: Vartan S. Madoyan, Barri L. Friedland, Diamond M. Hicks, and Sabrina L. Shadi As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: Mandatory Paid Sick Leave Protections Against Discrimination and Harassment for Unpaid Interns and Volunteers Protection Against Discrimination … Continue Reading

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation Coverage

Photo of Todd LebowitzBy Todd Lebowitz on Posted in California, Independent Contractor, Workers' Compensation
For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of Georgia law in an independent contractor agreement and found that the contractor was an employee under California law. Later that month, the California … Continue Reading
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