The California Chamber of Commerce has just identified 10 recently introduced “job killer” bills that have been proposed by the California legislature. Worth noting are the following: AB 196 (Gonzalez; D-San Diego) Establishes “Conclusive Presumption” of Injury. Conclusively presumes that contraction of COVID-19 by all “essential workers” is a workplace injury, which will greatly increase the … Continue Reading
As if there weren’t enough to worry about, Los Angeles employers may face an even tougher challenge to prevail at trial in the aftermath of the Coronavirus pandemic, the trial consulting firm Dispute Dynamics suggests in its latest study. On May 4th, Dispute Dynamics surveyed Los Angeles County residents and people nationwide, inquiring about their … Continue Reading
In Pinter-Brown v. Regents of the University of California,[1] the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Pinter-Brown went to trial against University of California, Los Angeles, on claims of … Continue Reading
Tony Oncidi and Cole Lewis analyze the enforceability of an “unlimited” vacation or PTO policy in California in the wake of a new court case (McPherson v. EF Intercultural Foundation) for publication in Law360. In a groundbreaking decision in McPherson v. EF Intercultural Foundation Inc., addressing the growing trend of providing unlimited paid time off … Continue Reading
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology … Continue Reading
On January 31, 2020, Chief United States District Judge Kimberly J. Mueller enjoined California from enforcing AB 51. This new legislation prohibits employers from requiring their employees to sign arbitration agreements. Last week, the court issued its detailed written opinion explaining the basis for its decision. As we predicted, the Court found that AB 51 is … Continue Reading
As we reported previously [here], Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court. Today, Chief United States District Judge Kimberly J. Mueller enjoined the state from enforcing AB 51 indefinitely. So, employers in California may request that employees and … Continue Reading
Tony Oncidi and Cole Lewis were recently featured in Human Resource Executive explaining how employers can use the viral phrase “OK, boomer” to teach employees about workplace harassment and discrimination. Read the full article here.… Continue Reading
On Monday, Uber, Postmates and two of their drivers filed a lawsuit in federal court in the Central District of California, seeking declaratory and injunctive relief and a determination that AB-5 is unconstitutional. AB-5 is set to become effective on Wednesday, January 1st and will have a major impact on California’s freelance workforce as well … Continue Reading
As we reported previously, the California legislature recently passed and Gov. Newsom signed into law Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements – it is in short the “Request Arbitration, Go to Jail” law. Today, United States District Judge Kimberly J. Mueller granted a … Continue Reading
On January 1, 2020, California’s new worker classification law known as Assembly Bill 5 (“AB 5”), goes into effect. AB 5 codifies the three-factor “ABC” test adopted by the California Supreme Court in its 2018 Dynamex decision. The bulk of newly added Section 2750.3 of the California Labor Code describes the various categories of workers … Continue Reading
As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the U.S. Chamber of Commerce and the National Retail Federation. AB-51 was signed into law in October along with a constellation of other … Continue Reading
As recently highlighted by the New York Times, a new phrase emblematic of the real or perceived “War Between the Generations” has gone viral: “OK, Boomer!” The phrase, popularized on the Internet and, in particular, Twitter by Generation Z and Millennials, has been used to dismiss baby boomers’ thoughts and opinions, sometimes viewed by younger … Continue Reading
We invite you to review our newly-posted November 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners College Professor Was Retaliated Against For Complaining About Hostile Environment Discriminatory Failure-To-Hire Claim Must … Continue Reading
Last week, we blogged about the avalanche of new labor laws that California employers will face in 2020. Here are two late additions to the list — just in time for Halloween!: AB 61 (Ting, D-San Francisco) grants employers and coworkers the right to petition a court to issue a gun violence restraining order, which prevents an … Continue Reading
Here’s a comprehensive list of the new employment-related statutes enacted and signed into law in the Golden State (effective Jan. 1, 2020 unless otherwise specified): AB 5 (Gonzalez, D-San Diego) makes it extremely difficult for most California employers to hire an independent contractor and would convert such workers into “employees” in the eyes of the … Continue Reading
On Thursday, October 10, 2019, California Gov. Gavin Newsom signed into law several new measures that employers will need to comply with by January 1, 2020 and that will generally make it easier for employees to sue their employers. Specifically: AB 9 extends the statute of limitations period for employees to file claims of discrimination, harassment and/or retaliation … Continue Reading
Following passage of AB-5, the recent string of multi-million dollar employee jury verdicts, and other challenging developments, we concluded that our subscribers need some feel-good news every meow and then (sorry). An association of lawyers in Brasília, Brazil has hired Leon the cat as one of their new “attorneys” in order to lighten the mood around … Continue Reading
In an effort to give consumers more control over the data businesses collect from and about them, the California legislature passed the California Consumer Privacy Act (CCPA) in 2018 (and amended it a few months later). The CCPA gives consumers the right to know about and have deleted the data businesses have gathered about them, among … Continue Reading
California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes OTO, LLC v. Kho, 2019 WL 4065524 (Cal. S. Ct. 2019) In the most recent chapter of the ongoing saga regarding the enforceability of arbitration agreements in California, the California Supreme Court has determined that because the execution of the arbitration agreement in this case involved … Continue Reading
Yesterday, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019). In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have been … Continue Reading
Please see the linked Los Angeles Daily Journal article for details about some major recent developments affecting employment arbitration in California.… Continue Reading
Assembly Bill 5, a proposed new law currently pending in the California legislature, would limit and codify last year’s California Supreme Court Dynamex opinion. If passed and signed into law by Gov. Newsom (he’s already said he’ll sign it), AB-5 would make it nearly impossible for most California employers to hire an independent contractor and … Continue Reading
