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
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
Heightened Standard Of Fairness Required For Approval Of Class Action Settlement
Peck v. Swift Transp. Co. of Ariz., 2022 WL 414692 (9th Cir. 2022)
In evaluating a settlement of a class action involving Cal. Labor Code § 2802 (employer indemnity for employee expenses), the district court stated that “the parties engaged in arm’s-length, serious, informed and non-collusive negotiations between experienced and knowledgeable counsel … after mediation with a neutral mediator. The settlement agreement is therefore
Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims
On February 10, 2022, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97. The White House has indicated President Biden will sign the bill.
If enacted, the Act would amend the Federal Arbitration Act to prohibit enforcement
House Passes Bill Barring “Mandatory Arbitration” in Sexual Assault and Harassment Cases
On February 7, 2022, in a 335-97 vote, the U.S. House of Representatives passed a bipartisan bill (“Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”), which would prohibit “mandatory arbitration” in sexual assault and harassment cases arising or accruing on or after the date of enactment. This bill also invalidates joint, class, or collective action waivers pertaining to sexual assault and harassment claims.
January 2022 California Employment Law Notes
We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Manicurist Can Proceed With Hostile Work Environment Claim
- “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute
- Nurse’s Discrimination Claims Against Hospital Were Properly Dismissed
- Security
“Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute
Woods v. American Film Institute, 2021 WL 5978072 (Cal. Ct. App. 2021)
Laurie Woods worked for four days as a volunteer at the AFI Film Festival in Los Angeles. She alleges that she worked between 12 and 14 hours each of those days and that she and the other volunteers she purported to represent in this putative class action were unpaid. Woods further alleged