California Labor & Employment Law

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This law is a new statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information obtained from applicants during the hiring process. The law will apply to all private and public sector employers and will prohibit employers from:

  • relying on salary history as a factor in determining whether to offer employment to an applicant

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In instances in which the governor has declared a state of emergency in connection with an act of domestic terrorism, employers must provide immediate support to injured employees from a nurse case manager who will assist claimants to obtain medically necessary medical treatment. “Treatment” includes mental health treatment and counseling services for psychological injuries and post-traumatic stress disorder. Employers are also required to provide a…

This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor Code. The Labor Commissioner is further authorized to…

M.F. v. Pacific Pearl Hotel Mgmt. LLC, 2017 WL 4831603 (Cal. Ct. App. 2017)

M.F., a housekeeping employee who worked for a hotel, alleged she had been raped while working on the employer’s premises by a drunk, nonemployee trespasser whom the employer knew or should have known was on the premises and who had “aggressively propositioned at least one other housekeeping employee for sexual…

Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. 2017)

Three Laotian correctional officers were allegedly subjected to racial and national origin discrimination, harassment and retaliation by their employer, the County of Fresno. The employees filed suit in court under the FEHA while simultaneously pursuing their workers’ compensation remedies before the Workers’ Compensation Appeals Board (“WCAB”). The administrative law judge in the…

Nakai v. Friendship House Ass’n of Am. Indians, Inc., 15 Cal. App. 5th 32 (2017)

Orlando Nakai was employed for over 20 years by Friendship House, a drug and alcohol rehabilitation program providing treatment services to Native Americans. His employment was terminated by the program’s CEO (who also happened to be his mother-in-law) after his wife informed the CEO that Nakai had a gun…

Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017)

Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California’s Whistleblower Protection Act (“CWPA”) against the University, her former employer. Dr. Levi alleged that her supervisor (Dr. Robert Weinreb) had a conflict of interest related to his wife’s position in the department for which he served as vice-chair. Dr. Levi alleged…

Lopez v. Friant & Assocs., LLC, 15 Cal. App. 5th 773 (2017)

Eduardo Lopez filed this action seeking recovery of civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”) for his employer’s failure to include the last four digits of its employees’ Social Security numbers or employee identification numbers on itemized wage statements in violation of Cal. Lab. Code §…

Linton v. DeSoto Cab Co., 15 Cal. App. 5th 1208 (2017)

DeSoto Cab Co. had required Darnice Linton to pay a “gate fee” in exchange for his obtaining a taxicab to drive for each of his shifts. Linton alleged that he is an employee (not an independent contractor) and that by charging him “gate fees,” DeSoto is violating the wage and hour laws. The…

Marsh v. J. Alexander’s LLC, 869 F.3d 1108 (9th Cir. 2017)

Alec Marsh, who worked as a server for J. Alexander’s, alleged violation of the Fair Labor Standards Act (“FLSA”) based upon the employer’s failure to pay him the federal minimum wage of $7.25 per hour. Marsh further alleged that he received more than $30 per month in tips and that J. Alexander’s took…