California Labor Code

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A decade ago, a California Court of Appeal held that employers lawfully could round employees’ time punches if the rounding policy was neutral on its face and as applied. See See’s Candy Shops, Inc. v. Super. Ct., 210 Cal. App. 4th 889 (2012). In arriving at this conclusion, the See’s Court relied on regulations under the federal Fair Labor Standards Act (“FLSA”) and the…

A new year brings new employment laws for California employers.  California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023.  Here are five new employment laws that every California employer should know:

AB 1041 (Expanded Definition of “Family Member” for…

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022)

Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5).  Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the Workers’ Compensation Appeals Board (the “WCAB”), asserting a violation…

On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257).  In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and working conditions of fast food workers in the…

As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes.

In a new twist, however, the same Ninth Circuit…

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

…

Naranjo v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93 (2022)

Gustavo Naranjo alleged that his employer had not provided an additional hour of pay for each day on which Spectrum failed to provide employees with a legally compliant meal break (i.e., had failed to provide “premium pay” pursuant to Cal. Lab. Code § 226.7). Naranjo further alleged that Spectrum was required to report…

Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022)

The victim of a felony has an extended statute of limitations in which to bring an action for personal injury or wrongful death against the person convicted of that felony pursuant to Cal. Code Civ. Proc. § 340.3 (“Section 340.3”). Mauricio Cardenas (who suffered from dementia) was a resident of Horizon Senior…

Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022)

Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her after she reported that she was working below her service classification, which she believed evidenced a violation of the law. The trial court granted summary judgment to the county,…