California Employment Law Update

Category Archives: Employment Law Notes

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November 2017 California Employment Law Notes

We invite you to review our newly-posted November 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Statewide “Ban-the-Box” Legislation; Parental Leave Protections Expanded; California Becomes A “Sanctuary State”; Mandatory Training To Prevent Gender Identity Harassment; New Restrictions On Inquiries Into … Continue Reading

September 2017 California Employment Law Notes

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: Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer; Employer Can Recover $90,000 In Costs From Employee Who Rejected Multiple Settlement Offers; … Continue Reading

July 2017 California Employment Law Notes

We invite you to review our newly-posted July 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Supreme Court Resolves Day-Of-Rest Questions; Employer’s Attorney May Be Liable For Retaliation Under FLSA; Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data … Continue Reading

San Francisco Issues Guidance for the Application of the City’s Paid Parental Leave Ordinance

The City of San Francisco recently published new FAQs addressing provisions of its Paid Parental Leave Ordinance (the “Ordinance”).  The Ordinance, which went into effect on January 1, 2017 for employers with 50 or more employees, will begin to apply to employers with 35 or more and 20 or more employees on July 1, 2017 … Continue Reading

California Labor Commissioner Issues New Guidance on Paid Sick Leave

The California Labor Commissioner’s Office recently issued new guidance regarding the application and administration of the state’s paid sick leave law.  The new guidance addresses the interplay between the law and grandfathered employer part time off (“PTO”) plans, as well as the interaction between employers’ disciplinary policies on employees’ use of paid sick leave. Grandfathered PTO … Continue Reading

May 2017 California Employment Law Notes

We invite you to review our newly-posted May 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Suffered From “Altered Mental State” Need Not Be Allowed To Rescind Her Resignation; Garbage Truck Employee Who Failed To Provide Proof Of Right To … Continue Reading

March 2017 California Employment Law Notes

We invite you to review our newly-posted March 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Routine Hugging Over 12-Year Period May Have Caused Hostile Work Environment; Racial Harassment Claim Based On Comments Made During “Creative Process” Was Properly Dismissed; Employer May Have … Continue Reading

January 2017 California Employment Law Notes

We invite you to review our newly-posted January 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: $90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods; Security Guard Class Action Should Not Have Been Decertified; Discrimination Claims … Continue Reading

October 2016 California Employment Law Notes

We invite you to review our newly-posted October 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Minimum Wage Increases; Equal Pay Act Expanded; No Disclosure Of Juvenile Criminal History Required (Including Rape And Murder); California Employees Guaranteed Access … Continue Reading

September 2016 California Employment Law Notes

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: Ninth Circuit Strikes Down Employer’s Class Action Waiver; Prompt Final Pay Provisions Of California Labor Code Apply To Retiring Employees; Race Discrimination Claim Was Not Barred … Continue Reading

July 2016 California Employment Law Notes

We invite you to review our newly-posted July 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employer Is Entitled To Recover $4 Million In Attorney’s Fees From EEOC; Former Employee Who Accessed Employer’s Computers Was Properly Imprisoned; Outside Counsel’s Investigation Of Sexual … Continue Reading

May 2016 California Employment Law Notes

We invite you to review our newly-posted May 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Needed To Assist Disabled Son Could Proceed With “Associational Disability Discrimination” Claim; Employees Are Entitled To Suitable Seating If The Tasks Being Performed Reasonably … Continue Reading

March 2016 California Employment Law Notes

We invite you to review our newly-posted March 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Nuclear Plant Maintenance Manager’s Whistleblower Claim Was Properly Dismissed; Employer Was Entitled To Obtain Reimbursement Of Short-Term Employee’s Training Costs; Department Of Labor’s Rule Extending Tip … Continue Reading

January 2016 California Employment Law Notes

We invite you to review our newly-posted January 2016 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department; Former HR Manager Could Proceed With FLSA Retaliation Claim; Employee Could Proceed With Wrongful … Continue Reading

November 2015 California Employment Law Notes

We invite you to review our newly-posted November 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Paid Sick Leave Law Is Amended; E-Verify Use Is Restricted; Grocery Workers Protections Clarified; Labor Commissioner’s Enforcement Capabilities Expanded; PAGA Cure Period Provided; Retaliation … Continue Reading

September 2015 Employment Law Notes

We invite you to review our newly-posted September 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: The Word “Alien” Is Stricken From The California Labor Code (SB 432); Grocery Workers Must Be Given Preferential Treatment Following a “Change In Control” (AB 359); Employment Protections For … Continue Reading

July 2015 California Employment Law Notes

We invite you to review our newly-posted July 2015 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability” Muslim Applicant Can Proceed With Religious Discrimination Lawsuit Unpaid Interns Who Are “Primary Beneficiaries” Of … Continue Reading

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that she was stressed because of interactions at work with human resources and her manager. Her physician diagnosed Higgins-Williams with “adjustment disorder with anxiety,” and Sutter … Continue Reading

Independent Contractor Can Proceed With Sexual Harassment Claim Against City

Hirst v. City of Oceanside, 236 Cal. App. 4th 774 (2015) Kimberli Hirst, an employee of American Forensic Nurses, Inc., sued the City of Oceanside after she was allegedly sexually harassed by an Oceanside police officer while providing phlebotomist services on behalf of the Oceanside Police Department. A jury awarded Hirst $1.5 million, which the … Continue Reading

Unpaid Interns Who Are “Primary Beneficiaries” Of The Relationship Are Not Employees Under The FLSA

Glatt et al. v. Fox Searchlight Pictures, Inc. et al., 2015 WL 4033018 (2d Cir. 2015) Plaintiffs Eric Glatt and Alexander Footman were retained as unpaid interns on the Fox Searchlight-distributed film Black Swan; Plaintiff Eden Antalik interned at Fox Searchlight’s corporate offices in New York City. Glatt and Footman sued for unpaid wages (minimum … Continue Reading

Department of Corrections Did Not Discriminate Against Male Applicants By Hiring Female Guards In Women’s Prisons (Orange Really Is The New Black!)

Teamsters Local Union No. 117 v. Washington Dep’t of Corrections, 2015 WL 3634711 (9th Cir. 2015) In the face of repeated instances of sexual abuse and misconduct by prison guards in its women’s prisons, the state of Washington determined that a primary driver was the lack of female correctional officers to oversee female offenders and … Continue Reading

Malicious Prosecution Action Against Employer’s Law Firm Was Properly Dismissed

Parrish v. Latham & Watkins LLP, 2015 WL 3933988 (Cal. Ct. App. 2015) In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corp. (collectively, “FLIR”) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (the “Former Employees”), for, among other things, misappropriation of trade secrets. The Former Employees defeated the claims … Continue Reading
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