Earlier this year, California Governor Jerry Brown signed into law AB 469 (pdf), entitled the “Wage Theft Prevention Act of 2011,” which adds Section 2810.5 to the Labor Code and requires employers to furnish to non-exempt employees, at the time of hiring, a notice specifying (among other things) the employee’s rate or rates of pay and the basis on which the employee’s wages…

In the wake of a challenge by the National Association of Manufacturers, the National Labor Relations Board (“NLRB”) has again agreed to postpone the effective date of a controversial regulation that would require most employers to post a notice informing employees about their rights under the National Labor Relations Act. 

Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. 2011) (en banc)

In May 1987, the City of Redondo Beach adopted an ordinance that prohibits any person to “stand on a street or highway and solicit…employment, business, or contributions from an occupant of any motor vehicle.” In 2004, the city initiated the “Day Labor Enforcement Project” in…

In re Roman Catholic Archbishop of Portland, 657 F.3d 1008 (2011)

Documents that were produced in discovery and filed in the bankruptcy court contained allegations that Fathers “M” and “D” (two priests who were not parties to the Portland Archdiocese’s bankruptcy case) had sexually abused children. The bankruptcy court held that the discovery documents could be disclosed to the public because the public’s interest…

Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011)

The U.S. Secretary of Labor filed a complaint against the State of Washington’s Department of Social and Health Services (“DSHS”), alleging a violation of the Fair Labor Standards Act of 1938 (“FLSA”) based upon the DSHS’s classification of its social workers as “learned professionals” exempt from the FLSA’s overtime pay requirements. The district…

Nicholas Labs., LLC v. Chen, 199 Cal. App. 4th 1240 (2011)

Nicholas Labs sued its former employee, Christopher Chen, for breach of contract, conversion, negligence, money had and received, unjust enrichment, etc., after discovering that, while employed by Nicholas Labs, Chen had engaged in a business that made him a competitor of Nicholas Labs and that Chen had diverted business opportunities away from Nicholas…

Brennan v. Townsend & O’Leary Enter., Inc., 199 Cal. App. 4th 1336 (2011)

Stephanie Crowley Brennan sued her former employer and a manager who was not her supervisor (Scott Montgomery) for sexual harassment. A jury awarded Brennan $200,000 against the agency and $50,000 against Montgomery, but the trial court granted defendants’ motion for judgment notwithstanding the verdict and entered a judgment in their favor.…

Ellis v. Costco Wholesale Corp., 657 F.3d 970 (9th Cir. 2011)

In this appeal, Costco challenged the district court’s order granting class certification in an action in which Costco’s promotional practices were alleged to have discriminated against female employees. The district court’s order granting class certification preceded the United States Supreme Court’s opinion in Wal-Mart Stores v. Dukes, 131 S. Ct. 2541 (2011).…

The California Supreme Court announced today that it will hear oral arguments in the landmark wage-and-hour case Brinker Restaurant v. Superior Court on November 8 in San Francisco. In Brinker, the Court will decide whether employers must merely provide meal and rest breaks to their employees or actually ensure that breaks are taken, as well as the related issue of whether such claims are…