On August 1, 2022, the California Court of Appeal joined longstanding Ninth Circuit precedent in determining that online-only businesses are not “public accommodations” covered under Title III of the Americans with Disabilities Act (“ADA”) in Martinez v. Cot’n Wash, Inc., 2022 WL 3025828 (Cal. Ct. App. 2022). This may signal a change of tides of sorts for employers and other companies who have
The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All
On June 15, 2022, in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022), by an 8-1 majority, the U.S. States Supreme Court held that the Federal Arbitration Act (“FAA”) preempts the California Supreme Court’s central holding in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014), that actions brought under the California Labor Code Private
Netflix “Sees What’s Next” with New Policy Addressing Employee Activism
In a significant change of course among major employers, Netflix recently made several modifications to its employee culture memo, which is now called “Netflix Culture – Seeking Excellence.”
Among other things, Netflix inserted a section on “Artistic Expression.” In it, the company acknowledges that “[e]ntertaining the world is an amazing opportunity and also a challenge because viewers have very different tastes and points
Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims
Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the enforcement of bilateral arbitration agreements that preclude an employee from bringing claims under the Private Attorneys General Act (“PAGA”) on a representative basis. The plaintiff, Moriana, sued Viking, alleging a
California Continues to Go to the Dogs
On March 17, Rover—a digital application connecting pet owners with daily pet-care providers—argued to the Ninth Circuit that it should uphold a California federal judge’s finding that a dog-sitter was properly classified as an independent contractor.
While maintaining that it passes the strict three-pronged “ABC test”—which we have reported on here, here, and here—Rover also asserted that it is a “referral
California Mulls More Job Killer Bills, Major Tax Hikes
Last week, New York announced new tax increases that will subject certain of its residents to higher personal income tax rates than even Californians pay. Before the pages on that bill had cooled, the California legislature was well on its way to showing it would not relinquish its top-of-the-heap status without a fight by proposing a new “wealth tax” on California residents.
In response, the
PAGA Has Failed Californians – Unless You’re A Plaintiff’s Lawyer That is
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to the Attorneys. A recently published report (the “Report”) from some of the former leaders of the California Department of Industrial Relations and Cal/OSHA suggests we were
Ah, It’s Bill Passing Season in California again – and No Employer is Safe!
It’s springtime in California! And even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing hundreds of new laws because, after all, you can never get too much of a good thing!
Yes, it’s Bill Passing Season in Sacramento, and the California legislature seems as determined as ever to defend the state’s vaunted position as one of the
Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021
On Thursday, March 18, the California Legislature passed Senate Bill 95 (“SB 95”) which will provide statewide supplemental paid COVID-19 sick leave, retroactively to January 1, 2021. Governor Newsom signed SB 95 on Friday, March 19. California’s previous supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. Since then, California employers have been navigating various evolving local ordinances (covered here)
You Get a Shot, and You Get a Shot! California Paves the Way for Mandatory Vaccination Policies
Weeks after the Equal Employment Opportunity Commission (“EEOC”) weighed in, the California Department of Fair Employment and Housing (“DFEH”) recently released updated COVID-19 employment FAQs addressing the permissibility of employer-mandated COVID-19 vaccination policies.
Taking a page from the EEOC’s January 2021 guidance, the DFEH indicated that employers may require employees to receive an FDA emergency use authorized COVID-19 vaccine so long as the employer