California Labor & Employment Law

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As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022. Smaller businesses (with 25 or fewer employees) will be required to pay the higher rates starting in 2018. Future increases in the minimum wage will be automatically linked to increases in the consumer price index. (…

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although California law prohibited employers from asking about or considering arrests or detentions that did not result in convictions, the law did not impose any restrictions regarding what types of convictions employers could ask about…

We invite you to review our newly-posted September 2016 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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Aluma Sys. Concrete Constr. of Cal. v. Nibbi Bros., Inc., 2 Cal. App. 5th 620 (2016)

Aluma (the “Contractor”) was sued by employees of Nibbi Bros. (the “Employer”) for injuries sustained on the job. Contractor sued Employer for indemnification based on the parties’ contract. The trial court sustained the Employer’s demurrer to the complaint on the ground that the employees’ lawsuit set forth claims…

Bodi v. Shingle Springs Band of Miwok Indians, 2016 WL 4183518 (9th Cir. 2016)

The Shingle Springs Band of Miwok Indians is a federally-recognized Indian tribe located on the Shingle Springs Rancheria in California. Beth A. Bodi, a member of the tribe, worked at the tribe’s full-service health clinic. Bodi’s employment was terminated after she attempted to take job-protected leaved under the federal Family…

Morales v. 22nd Dist. Agricultural Ass’n, 1 Cal. App. 5th 504 (2016)

Jose Luis Morales and 177 other similarly situated plaintiffs sued their employer under Cal. Labor Code § 510 and the federal Fair Labor Standards Act (“FLSA”) for failure to pay them overtime. Plaintiffs’ employer is a California agency that owns and manages the Del Mar Fairgrounds and the Del Mar Horsepark. Plaintiffs…

Laffitte v. Robert Half Int’l Inc., 1 Cal. 5th 480 (2016)

An objecting class member in a wage and hour lawsuit challenged the trial court’s award of an attorney’s fee calculated as a percentage (one-third) of the overall settlement amount of $19 million. The objector asserted that pursuant to Serrano v. Priest, 20 Cal. 3d 25 (1977) (“Serrano III“), every attorney’s…

Mitchell v. California Dep’t of Public Health, 1 Cal. App. 5th 1000 (2016)

Reginald Mitchell sued his former employer, the California Department of Public Health, for racial discrimination in violation of the Fair Employment and Housing Act (“FEHA”). The trial court sustained the employer’s demurrer based upon the statute of limitations, but the Court of Appeal reversed, holding that the complaint sufficiently established a…

McLean v. State of Cal., 2016 WL 4395672 (Cal. S. Ct. 2016)

Janis McLean, a retired deputy attorney general, filed suit against the State of California on behalf of herself and a class of former state employees who, having resigned or retired, did not receive their final wages within the time period set forth in Cal. Labor Code § 202 (72 hours). McLean alleged…

Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016)

As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign agreements not to join with other employees in bringing legal claims via arbitration against their employer. Morris and McDaniel filed a class and collective action against the company, alleging they had been misclassified as employees exempt from overtime…