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In A Surprise Move, California Enacts Boatload Of Employer-Friendly Laws – Nah, That Didn’t Actually Happen . . . It’ll Be More...

Unbowed and unbroken, California continues to work toward creating that Workers’ Paradise in the Sun, and this legislative session did not disappoint! Here are the latest new laws that will take effect by the first of the...more

California Inches Closer To Killing Arbitration As We Know It…

It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming...more

September 2024 California Employment Law Notes

We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute

Erika Paleny alleged harassment, discrimination and retaliation after informing her manager that she would be undergoing oocyte retrieval procedures so she could donate and freeze her eggs for her potential use at some...more

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

“Texit” Shows No Sign of Stopping – Chevron Says “Howdy, Houston!… Hasta La Vista, California!”

Chevron announced on Friday its plans to relocate its headquarters from Northern California to Houston, Texas. Chevron first began doing business in California nearly 150 years ago in 1879 with the incorporation of the...more

California Employment Law Notes - July 2024

Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Supreme Court Upends Regulatory Law – Major Impact on Employers Possible!

For the past 40 years, federal administrative agencies have enjoyed broad latitude in interpreting statutes passed by Congress. Known as “Chevron deference,” courts have routinely deferred to the agencies’ often politically...more

PAGA 2.0 – What Employers Need to Know As PAGA Reform Becomes Law

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA). We previously reported on the legislative compromise last week,...more

Anti-Arbitration Statute Gets Zapped!

The Empire Struck Back last week when the California Court of Appeal held that the state’s latest back-door attempt to outlaw employment arbitration by any means necessary is preempted by the Federal Arbitration Act (FAA). ...more

Plaintiff’s Attorneys Denied Additional Interest On Attorneys’ Fees

Renee Vines filed an action against his former employer alleging discrimination and harassment under the Fair Employment and Housing Act (“FEHA”) based on his race and age; that he was retaliated against when he was...more

May 2024 California Employment Law Notes

We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Abused California Employers Score A Rare Victory!

The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more

Broadway Ruling Puts Discrimination Claims In The Limelight

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.

Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024) - The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of...more

Prevailing Employer May Only Recover Costs If FEHA Action Was “Objectively Frivolous”

Amanda Neeble-Diamond sued her employer for violation of the Fair Employment and Housing Act (FEHA), but after a jury concluded she was an independent contractor rather than an employee, the trial court entered judgment in...more

Trial Court May Not Dismiss PAGA Claims On Manageability Grounds

Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) - The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...more

Employer May Not Challenge Voided Employment Agreements Via Interlocutory Appeal

Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023) - Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper...more

Whistleblower Protection Laws Do Not Apply Outside the United States

Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) - Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more

Really, Really Pay Those Arbitration Fees Within 30 Days – Really!

Hohenshelt v. Superior Court, 318 Cal. Rptr. 3d 475 (Cal. Ct. App. 2024) - For the seventh time since they became effective in 2020, the California Court of Appeal has published an opinion holding that Cal. Code Civ. Proc....more

Never Work Another Friday, America!  Bernie Sanders Unveils 32-Hour Workweek Proposal

Senator Bernie Sanders (I-VT) has introduced the Thirty-Two Hour Workweek Act (the “Act”), a bill that, if enacted, would lower the threshold for a “standard” workweek by 20 percent, from 40 to 32 hours. Should the Act become...more

“Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand

Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024) - The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory...more

Terminating Sanctions Entered Against Employee Who Deleted Relevant Text Messages

Jones v. Riot Hospitality Group LLC, 2024 WL 927669 (9th Cir. 2024) - Alyssa Jones, a former waitress at a Scottsdale, Arizona bar, sued the owner of the bar and his company (Riot) for violations of Title VII and common...more

March 2024 California Employment Law Notes

We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Broadway Actor’s Race Discrimination Claims Sent Back to the Underworld in the Face of Producer’s First Amendment Rights

A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination...more

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