Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the minimum annual salary requirement for overtime exempt employees.
Increase and Consolidation of the California Minimum Wage
Previously, the State of California employed a two-tiered minimum wage system, requiring employers
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute between a law firm partner and his former law firm. Zhang v. Superior Court, 2022 WL 16832570 (Cal. Ct. App. 2022). This ruling potentially undermines the protections of Labor Code Section 925, which permits an employee to
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Limon v. Circle K Stores Inc., 2022 WL 14391789 (Cal. Ct. App. 2022)
Plaintiff Ernesto Limon was employed by Circle K (which operates gas stations and convenience stores in California) for just one month before filing this putative class action lawsuit against his former employer, alleging violation of the Fair Credit Reporting Act (FCRA). Limon alleged that Circle K’s standard form in which it
CSV Hospitality Mgmt. LLC v. Lucas, 84 Cal. App. 5th 117 (2022)
CSV Hospitality Management LLC obtained a restraining order under the Workplace Violence Safety Act against Jermorio Lucas who was living at the Aranda Residence, a residential hotel that provides supportive housing to formerly homeless individuals. In support of its petition against Lucas, CSV submitted affidavits from four of its employees establishing that
Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022)
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a motion to stay the litigation and compel arbitration, invoking the terms of an arbitration agreement that Espinoza had signed. After the employer’s motion to compel arbitration was granted, Espinoza’s counsel
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022)
Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell from a scaffold. Miller sued the Lodge and its
Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022)
In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant’s motion for summary judgment. Just four minutes after the court granted defendant’s summary judgment motion, plaintiff’s counsel emailed a
Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022)
La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position. Although she received an offer for a full-time position, it was contingent upon her passing a physical exam, which she failed. Price sued for disability
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022)
While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to his supervisor and the Army Reserve’s project leader Chief