Labor and Employment Law

Recent Posts

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement
Posted on 4 Mar 2015 by Robin Largent

by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme... Read More

California Enacts New Law Mandating Paid Sick Leave for Employees
Posted on 24 Sep 2014 by Sheppard Mullin

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of paid sick leave to their employees... Read More

Amendments to California’s Paid Sick Leave Law Have Been Enacted and Are Effective Immediately
Posted on 17 Jul 2015 by Robin Largent

This week, California’s Governor signed into law urgency legislation passed by the legislature (AB 304) to amend California’s recently enacted paid sick leave law. These amendments take effect immediately and are intended to clarify some areas... Read More

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training
Posted on 12 Mar 2015 by Sheppard Mullin

by Marlene Nicolas and Will Kim California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training... Read More

Make Way for Ducklings (and Other Assistive Animals) in the California Workplace
Posted on 5 Jun 2013 by Dan Forman

California's newest regulations pertaining to the rights of the disabled in the workplace require employers to allow "assistive animals" in the workplace as a reasonable accommodation to certain disabled employees. See CCR 7293.6 &... Read More

California Bolsters Women With Fair Pay Act
Posted on 9 Oct 2015 by Norton Rose Fulbright

by Arthur F. Silbergeld and Bennett J. Kaspar California, always a leader in employee-friendly laws and regulations, has enacted a bill to fortify the state's existing equal pay laws, adding strong anti-retaliation protections that allow employees... Read More

New Case Highlights Duty to Reimburse Employees for Using Personal Cell Phones for Work Purposes
Posted on 22 Aug 2014 by Robin Largent

Last week a California Court of Appeal held that class certification was appropriate in a case alleging that the employer failed to reimburse employees for expenses associated with using their personal cell phones for work calls. At the trial court level... Read More

New California Law Makes Companies Liable for Wage Violations of Contractors
Posted on 30 Sep 2014 by Robin Largent

Yesterday, California’s Governor signed AB 1897 into law, notwithstanding tremendous opposition from business and trade groups. Under AB 1897, which takes effect January 1, 2015, a client employer will share civil legal responsibility and civil... Read More

California Legislative Update: Fair Pay Act, Right to Cure Wage Statement Defects, Paid Sick Leave, and More
Posted on 9 Oct 2015 by Robin Largent

As California’s current legislative process heads into its final days, we have a few updates on employment-related matters relating to paid sick leave, wage statement violations, meal period waivers in the health care industry, and the Fair Pay... Read More

Mandatory Employment Arbitration Survives California Challenge
Posted on 14 Oct 2015 by Duane Morris LLP

For now, California employers may continue to require new hires to enter into binding mutual agreements to arbitrate all disputes. In a veto action that was somewhat unexpected, California Governor Edmund G. ("Jerry") Brown declined to sign... Read More

Is This the End of the Independent Contractor As We Know It?
Posted on 8 Sep 2014 by Jon Hyman

In Alexander v. FedEx Ground Package Sys. (8/27/14) , the 9th Circuit Court of Appeals concluded that FedEx’s delivery drivers are employees of the company, not independent contractors [an enhanced version of this opinion is available to lexis.com... Read More

New Case Highlights Duty to Reimburse Employees for Using Personal Cell Phones for Work Purposes
Posted on 22 Aug 2014 by Doug Esten

Last week a California Court of Appeal held that class certification was appropriate in a case alleging that the employer failed to reimburse employees for expenses associated with using their personal cell phones for work calls. At the trial court level... Read More

Employment-Related Bills Pending Signature By California Governor
Posted on 9 Sep 2014 by Robin Largent

The California Legislature has passed the following notable labor and employment bills, which are now awaiting approval or veto by Governor Brown: AB 1897 – This bill would expand liability for a contractor’s wage and hour violations to... Read More

California Considering Minimum Wage Hike
Posted on 2 May 2013 by Robin Largent

California's Legislature is considering AB10 this session, which would increase California's minimum wage from the current $8 per hour to $8.25 per hour next year, to $8.75 per hour in 2015, and to $9.25 per hour in 2016. Beginning in 2017... Read More

Ninth Circuit Upholds California Rule on Unenforceability of PAGA Representative Action Waivers
Posted on 5 Oct 2015 by Robin Largent

On September 28, the Ninth Circuit issued a surprising decision (disagreeing with the view of many California district courts), holding that the California Supreme Court’s Iskanian v CLS Transportation decision is not preempted by the Federal Arbitration... Read More