In a much anticipated ruling, on May 23, 2022, the California Supreme Court issued its decision in Naranjo et al. v. Spectrum Security Services, Inc. Previously, the Court of Appeal held that unpaid premium payments for meal period violations did not entitle employees to additional penalties for either inaccurate wage statements or failure to timely pay wages upon separation of employment. The Court of
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Ariel Brotman
Ariel Brotman is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context. She also counsels employers on a diverse range of workplace issues.
Ariel earned her J.D. from USC Gould School of Law, where she was a member of the Southern California Interdisciplinary Law Journal. During law school, she was also a clinical student in the University of Southern California Immigration Clinic. In addition, she served as a judicial extern to the Honorable Robert N. Kwan in the United States Bankruptcy Court, Central District of California.
Court Declares California Law Requiring Diverse Corporate Boards Unconstitutional
As discussed in our previous blog, on April 1, 2022, Los Angeles Superior Court Judge, Terry Green, granted summary judgment in favor of individuals represented by D.C.-based nonprofit Judicial Watch, declaring Assembly Bill 979 (“AB 979”) to be unconstitutional and granting an “injunction preventing the expenditure of taxpayer funds on the implementation of the measure.”
AB 979 required publicly held corporations with a principal…
Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims
On February 10, 2022, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97. The White House has indicated President Biden will sign the bill.
If enacted, the Act would amend the Federal Arbitration Act to prohibit enforcement…
House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”), which would prohibit “mandatory arbitration” in sexual assault and harassment cases arising or accruing on or after the date of enactment. This bill also invalidates joint, class, or collective action waivers pertaining to sexual assault and harassment claims. …
Employers Beware: California Jury Verdicts Continue to Skyrocket!
Very few companies doing business in California missed the news recently that a San Francisco jury ordered Tesla, the electric car manufacturer, to pay $137 million to a Black former elevator operator who had worked at the company for less than a year before he quit his job due to alleged racial harassment in the workplace.
Sizeable verdicts like this from California juries are not…
Governor Newsom Signs A Slew of New Employment Laws for 2022
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here:
Arbitration
Arbitration fees will now need to be paid upon receipt of invoice unless the arbitration agreement expressly establishes a payment schedule. The new law…
Los Angeles City Council Approves Sweeping Vaccine Ordinance for Indoor Establishments
Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved in an 11-to-2 vote, takes effect November 4, 2021. However, beginning October 21, 2021, the ordinance requires businesses and City facilities to display an “advisory notice” informing patrons that, beginning…
New California Law Imposes Strict Limits on Warehouse Distribution Centers (This Means You, Amazon!)
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers. AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state and purports to address warehouse safety concerns by imposing the following:
- Requires employers to provide a written description
…
California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict
A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against based upon a medical condition and disability (thyroid cancer).
Albert Garcia and his wife Stephanie Garcia sued Gresham Apartments Investors, owners of a Canoga Park apartment building, and the property managers,…
California Encourages Mandating Employee COVID-19 Vaccinations
Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing. In an article in the Sacramento Business Journal, Governor Gavin Newsom’s senior advisor and director of the Governor’s Office of Business and Economic Development, Dee Dee Myers, called on private employers, urging them to follow the state’s lead…