Under the unfair competition law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., a plaintiff may bring a cause of action for any “unlawful, unfair or fraudulent business act or practice.” Generally, a UCL claim will be brought as a violation of rules set out in other laws or may be brought for any practice that is “unfair” even if not statutorily
March 2023 California Employment Law Notes
We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- No Claim By Employee Who Was Friends With Alleged Harasser
- Pregnancy Discrimination Lawsuit Was Properly Dismissed
- Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated
- Court Compels Individual But Not
Employee’s PAGA Action Was Not Limited By Sick Pay Statute
Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023)
Ana Wood brought a PAGA action against her employer Kaiser for alleged failure to correctly pay for three paid sick days as required under California’s Healthy Workplaces, Healthy Families Act (the “Act”). The Act provided for compensatory relief and civil penalties, but restricted relief to equitable, injunctive, or restitutionary relief when brought by
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
Former Owner of Company Is Enjoined From Soliciting Customers
Blue Mountain Enterprises, LLC v. Owen, 74 Cal. App. 5th 537 (2022)
Gregory S. Owen transferred his ownership interest in several real estate and construction-related firms to Blue Mountain Enterprises, LLC, as part of a joint venture with Acolyte Limited. Owen became Blue Mountain’s CEO and he agreed to a post-employment non-solicitation provision, which precluded him from soliciting Blue Mountain’s customers for a period
Court Rejects Netflix’s Challenge to Poaching Injunction
In the latest blow against Netflix’s aggressive recruiting practices, a California appellate court has affirmed a trial court’s injunction against Netflix and in favor of Twentieth Century Fox Film Corporation (“Fox”), thus permanently barring the streaming giant from poaching Fox executives by inducing them to breach their fixed-term employment contracts.
Netflix challenged the injunction, which was issued two years ago under California’s Unfair Competition Law
November 2021 California Employment Law Notes
We invite you to review our newly-posted November 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Ninth Circuit Resurrects California’s Anti-Arbitration Statute
- In-House Counsel’s Claim For Breach Of Oral Promise Of Contingency Fee Was Barred By Statute
- Employee Can Proceed With Age Discrimination Lawsuit Against LMU
- Order Denying Attorney’s Fees
Newspaper Delivery Carriers May Be Employees Under Borello Independent Contractor Test
Becerra v. The McClatchy Co., 2021 WL 4472625 (Cal. Ct. App. 2021)
Newspaper home delivery carriers for The Fresno Bee sued for violation of the Unfair Competition Law for failure to pay their mileage expenses as required by Cal. Lab. Code § 2802. The Trial court determined the carriers were independent contractors and not employees and entered judgement in favor of the Bee and
Governor Newsom Signs A Slew of New Employment Laws for 2022
As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here:
Arbitration
Arbitration fees will now need to be paid upon receipt of invoice unless the arbitration agreement expressly establishes a payment schedule. The new law
March 2020 California Employment Law Notes
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: