As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process. This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”). Several of these recently introduced bills already have passed
California Labor Code
May 2022 California Employment Law Notes
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Former UCLA Physician Can Proceed With Whistleblower Claims
- Former Employee Adequately Alleged Disability Under The ADA
- California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete
- School District Is Not Liable For
…
Trial Court Should Not Have Dismissed PAGA Claims On Unmanageability Grounds
Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022)
In this PAGA case, the trial court relied upon Wesson v. Staples the Office Superstore, LLC, 68 Cal. App. 5th 746 (2021) in which the Court of Appeal held that trial courts have inherent authority to strike unmanageable PAGA claims. The Court of Appeal in this case reversed the dismissal based…
California Resident May Rely Upon Labor Code § 925 To Challenge Non-Compete
LGCY Power, LLC v. Superior Court, 75 Cal. App. 5th 844 (2022)
California resident Michael Jed Sewell worked as a sales representative and sales manager for LGCY Power, which is headquartered in Salt Lake County, Utah. In 2015, Sewell signed a “Solar Representative Agreement,” which included noncompetition, nonsolicitation and confidentiality provisions as well as Utah choice of law and forum provisions. In 2019, Sewell…
Former UCLA Physician Can Proceed With Whistleblower Claims
Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022)
Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab. Code § 1102.5 (“Section 1102.5”), Cal. Gov’t Code § 8547, et seq., and Cal. Health & Safety Code § 1278.5. Among other things,…
California Supreme Court Rules Meal and Rest Break Premiums Constitute “Wages” Potentially Triggering Penalties for Violations
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…
Spring Showers Bring Job Killer Bills to California

Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.” Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills.
The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills pending before the California Legislature. This year’s list includes…
Gone Surfing: Could California Be the First State to Adopt a Four-Day Workweek?

In recent years, countries such as Iceland and Belgium and some domestic companies have experimented with the concept of four-day workweeks. Now, a new bill proposed by California Assemblymembers Cristina Garcia (D-Bell Gardens) and Evan Low (D-San Jose), Assembly Bill 2932 (“AB 2932”), proposes to make a four-day workweek the new normal in California for non-exempt employees.
Under existing law, both California’s Labor Code…
March 2022 California Employment Law Notes
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- California Relaxes Standard For Proving Whistleblower Claims
- At-Will Employee Can Proceed With Labor Code § 970 Claim
- Doctor Proved Age/Race/Gender Discrimination
- Former Owner of Company Is Enjoined From Soliciting Customers
- OSHA’s COVID-19 Vaccine Mandate
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Court Properly Denied Class Certification For Wage Hour Claims Involving Rounding
Cirrincione v. American Scissor Lift, Inc., 73 Cal. App. 5th 619 (2022)
Jason Cirrincione filed a putative class action lawsuit against his former employer for various wage and hour violations, including failure to pay overtime and minimum wages, meal and rest breaks, waiting time penalties, Cal. Labor Code § 2802, etc. These claims were predicated on the employer’s policy and/or practice of rounding the…