Dylan K. Tedford
Subscribe to all posts by Dylan K. Tedford
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
The California Chamber of Commerce and nearly 200 other organizations joined in a January 13 letter to the Governor and the leadership of the state Senate and Assembly, urging them to stave off a growing exodus of businesses by loosening the regulatory yoke on California employers. In the letter, the Chamber encouraged that the Governor “take … Continue Reading
Last week, a California federal judge dismissed with leave to amend a claim made against a Nevada company by the spouse of an employee who contracted COVID-19, allegedly at his workplace, and later transmitted the disease to her. In its order, the court dismissed the spouse’s claims as preempted by “the exclusive remedy provisions of … Continue Reading
The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, (read more of our AB 5 coverage here, here, and here), argued that voter-approved Proposition 22 (which permits … Continue Reading
Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like other deaf and hearing-impaired customers, relies on her ability to read other’s lips to communicate. … Continue Reading
California Court of Appeal Holds Online-Only Business Websites Are Not “Public Accommodations”
By Philippe A. Lebel and Dylan K. Tedford on Posted in ADA
The U.S. Supreme Court Says PAGA Representative Action Waivers Are Enforceable After All
By Tony Oncidi, Kate Gold, Philippe A. Lebel and Dylan K. Tedford on Posted in Arbitration Agreements, California Labor & Employment Law, FAA, PAGA, U.S. Supreme Court
Netflix “Sees What’s Next” with New Policy Addressing Employee Activism
By Tony Oncidi and Dylan K. Tedford on Posted in Entertainment Industry, News
Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims
By Kate Gold, Philippe A. Lebel and Dylan K. Tedford on Posted in Arbitration Agreements, California Labor & Employment Law, PAGA, U.S. Supreme Court
California Continues to Go to the Dogs
By Tony Oncidi and Dylan K. Tedford on Posted in ABC Test, Independent Contractors
California Mulls More Job Killer Bills, Major Tax Hikes
By Tony Oncidi and Dylan K. Tedford on Posted in California Labor & Employment Law, New and Proposed Laws and Legislation, Tax, Wage and Hour
PAGA Has Failed Californians – Unless You’re A Plaintiff’s Lawyer That is
By Tony Oncidi and Dylan K. Tedford on Posted in Attorney's Fees, Class Actions, PAGA
Ah, It’s Bill Passing Season in California again – and No Employer is Safe!
By Tony Oncidi and Dylan K. Tedford on Posted in Leaves of Absence, New and Proposed Laws and Legislation, Tax
Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021
By Kate Gold, Michelle Lappen and Dylan K. Tedford on Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave
You Get a Shot, and You Get a Shot! California Paves the Way for Mandatory Vaccination Policies
By Tony Oncidi, Philippe A. Lebel and Dylan K. Tedford on Posted in COVID-19, Employment Policies, Workplace Safety
Chamber of Commerce Urges California to Ease Restrictions on Employers
By Tony Oncidi and Dylan K. Tedford on Posted in California Labor & Employment Law, COVID-19, PAGA
In Sickness and In Health – Court Rejects Spouse’s COVID Claim Against Employer
By Tony Oncidi and Dylan K. Tedford on Posted in COVID-19
Uber/Lyft Drivers Win Latest Round in California
By Tony Oncidi and Dylan K. Tedford on Posted in California Labor & Employment Law, Independent Contractors
Nike “Just Does It” – Retail Employees Will Wear Transparent Masks
By Tony Oncidi and Dylan K. Tedford on Posted in ADA, California Labor & Employment Law, Class Actions, COVID-19, Disability
