California Labor & Employment Law

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Morales-Simental v. Genentech, Inc., 2017 WL 4700383 (Cal. Ct. App. 2017)

Vincent Inte Ong was driving to work at Genentech when his vehicle collided with another vehicle, which resulted in the death of Marisol Morales. In this personal injury lawsuit, Morales’s survivors alleged that Ong was acting within the course and scope of his employment with Genentech at the time of the collision and…

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018.  Known as the “Ban the Box” legislation, in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers with five or more employees from inquiring about or considering a…

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. Sept. 15, 2017).

Three Laotian correctional officers filed Fair Employment and Housing Act (“FEHA”) charges alleging they had been subjected to racial and…

On Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees.  Currently, California’s Fair Employment and Housing Act (“FEHA”) requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months…

California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees.  Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up…

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process.

The law, which will go into effect on January 1, 2018 and will apply to all private and public sector employers, will prohibit employers from:

  • relying on salary history

…

On Thursday, October 5th, California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order.  Among other things, the new law:

  • Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the workplace without a warrant;

…

We invite you to review our newly-posted September 2017 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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Jones v. Royal Admin. Servs., 2017 WL 3401317 (9th Cir. 2017)

Charles Jones and Josh Watson (individuals whose cell phones are registered on the national do-no-call registry) sued Royal Administration Services for violation of the Telephone Consumer Protection Act for calls that were made by telemarketers who were employed by All American Auto Protection (“AAAP”), which went bankrupt. The district court granted summary judgment…

Rush v. White Corp., 13 Cal. App. 5th 1086 (2017)

In this case (which does not involve employment issues), the trial court granted and the Court of Appeal affirmed summary judgment in favor of defendants based upon plaintiffs’ “procedurally defective separate statement of facts.”  According to the Court, “Plaintiffs’ separate statement in response [to defendants’ separate statement of undisputed material facts] was 155 pages,…