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 … Continue Reading
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 … Continue Reading
As of Friday, July 1, non-hotel employers with full-time employees in West Hollywood must provide up to 96 hours of compensated time off (“CTO”) each year. (Part-time West Hollywood employees must receive a prorated number of CTO hours based on their hours worked.) These requirements already went into effect for hotel employers on January 1, … Continue Reading
We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading
McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and attorneys’ fees awarded) and held that the unlimited vacation policy at issue in this case was not as described and that … Continue Reading
Tony Oncidi and Cole Lewis analyze the enforceability of an “unlimited” vacation or PTO policy in California in the wake of a new court case (McPherson v. EF Intercultural Foundation) for publication in Law360. In a groundbreaking decision in McPherson v. EF Intercultural Foundation Inc., addressing the growing trend of providing unlimited paid time off … Continue Reading
Mora v. Webcor Constr., L.P., 20 Cal. App. 5th 211 (2018) Steven Mora filed this putative class action/PAGA claim against his former employer, Webcor Construction, for violation of the California wage statement statute (Cal. Lab. Code § 226(a)) based upon payments made to a union vacation trust fund authorized by the Labor Management Relations Act … Continue Reading
Minnick v. Automotive Creations, Inc., 13 Cal. App. 5th 1000 (2017) Nathan Minnick, who had worked for only six months before his employment ended, sued his former joint employers under PAGA, alleging their vacation policy violated state law because it required employees who worked for less than one year to forfeit their vested vacation pay. The … Continue Reading
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
The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in addition to the other six new laws that we reported on in September: Signed legislation: Sick Leave: Accrual And Limitations Language … Continue Reading
Rhea v. General Atomics, 227 Cal. App. 4th 1560 (2014) Lori Rhea is an exempt employee of General Atomics who receives a salary and accrues comprehensive annual leave (“Annual Leave”) that can be used by employees to take paid time off for any reason, including vacation, sickness, medical appointments, family obligations and leisure pursuits. The … Continue Reading
Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012) Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of … Continue Reading
Europeans who happen to get sick while on vacation now have the right to take more vacation to make up for the period of illness. The Court of Justice of the European Union ruled last week that workers who get sick while away on their annual guaranteed four-week vacation must be given additional vacation time … Continue Reading
California employers should take heed of yet another reminder about the need to carefully craft and administer employee leave and benefits programs such as a paid vacation policy.… Continue Reading
Owen v. Macy’s, Inc., 175 Cal. App. 4th 462 (2009) Lisa Owen worked as a sales associate at Robinsons-May until it was acquired by Macy’s in August 2005. In January 2006, employees at the Arcadia store where Owen worked were informed that the store would close by April. After the store closed on March 18, … Continue Reading
Bell v. Superior Court, 158 Cal. App. 4th 147 (2007) Four employees of H.F. Cox Inc. d/b/a Cox Petroleum Transport filed this wage and hour class action challenging their employer’s failure to pay overtime; its requirement of off-the-clock work; its failure to provide meal and rest periods; its incorrect calculation of vacation pay; and its … Continue Reading
Los Angeles County Professional Peace Officers’ Ass’n v. County of Los Angeles, 115 Cal. App. 4th 866 (2004) William Kupper and Bennie Layne worked as investigators for the Los Angeles County District Attorney’s Office before becoming temporarily disabled after being injured on the job. Kupper and Layne both retired after their disabilities became permanent. Under … Continue Reading
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