California Employment Law Update

Tag Archives: California Court of Appeal

July 2023 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Labor Code Section 2810, California Supreme Court, Class Actions, Disability, Discrimination, Employment Law Notes, FAA, Immigration, Independent Contractors, PAGA, Retaliation, Title VII, U.S. Supreme Court, Wage and Hour, Wage Statements, Whistleblowers, Workplace Safety, Wrongful Termination
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements

By Tony Oncidi on Posted in Arbitration Agreements, California Labor & Employment Law, California Supreme Court, FAA, PAGA, Supreme Court, U.S. Supreme Court
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023) In 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led to an avalanche of PAGA claims being filed as plaintiffs’ lawyers scrambled to make their cases … Continue Reading

Exemption of Financial Professionals From ABC Test And Retroactive Application Are Constitutional

By Tony Oncidi on Posted in ABC Test, California Labor & Employment Law, California Labor Code, California Labor Code Section 2750, Independent Contractors, PAGA
Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023) Alleging misclassification, John Quinn brought a PAGA action on behalf of a class consisting of securities broker-dealers and investment advisers against his employer LPL Financial.  Quinn brought the PAGA action prior to the enactment of AB 2257, which exempted the occupations identified in Quinn’s PAGA … Continue Reading

No Final Paycheck Due After End Of Temporary Assignment

By Tony Oncidi on Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code Section 201, PAGA
Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023) Vanessa Young worked as an employee of staffing company RemX Specialty Staffing and was temporarily assigned to work at Bank of the West.  Young allegedly “verbally abused” a RemX representative on a call about delivery of her paycheck.  Young claimed that the RemX representative “basically” … Continue Reading

No Implied Waiver Of Disqualification Of Judge For Bias Or Appearance Of Impartiality After One Year

By Tony Oncidi on Posted in California Labor & Employment Law, Class Actions, Wage and Hour
North Am. Title Co. v. Superior Court, 91 Cal. App. 5th 948 (2023) During oral argument on a motion, the trial judge accused the employer-defendants of participating in a “name change shell game,” a “corporate game of three-card monte” and “trickery” and “scheming” to evade payment of a $43.5 million judgment to plaintiffs in this wage-and-hour … Continue Reading

Employee Who Refused To Get Flu Vaccine Was Properly Terminated

By Tony Oncidi on Posted in California Labor & Employment Law, Disability, Discrimination, Employment Policies, Workplace Safety, Wrongful Termination
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023) Deanna Hodges, who worked for Cedars-Sinai as an administrative employee with no patient responsibilities, refused to get vaccinated for the flu, contrary to Cedars’ policy which required all of its employees to get vaccinated in an effort to limit employee transmission of the flu.  The … Continue Reading

Court of Appeal Clarifies Employers’ Expense Reimbursement Obligations for Pandemic-Related Remote Work

By Philippe A. Lebel and Jennifer McDermott on Posted in California Labor & Employment Law, Wage and Hour
California Labor Code section 2802 (“Section 2802”) requires employers to reimburse employees for “all necessary expenditures or losses” they incur as a “direct consequence of the discharge of … [their] duties, or … [their] obedience to the directions of the employer.”  So, in March 2020, when Governor Newsom issued a broad stay-at-home order requiring all … Continue Reading

May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator.  Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

March 2023 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, California Labor Code, Constructive Discharge, Disability, Discrimination, Employment Law Notes, FEHA, FLSA, Harassment, Independent Contractors, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Overtime, PAGA, Paid Sick Leave, Pregnancy Leave, Reasonable Accommodation, Retaliation, Sexual Harassment, Unfair Competition, Vacation or PTO, Wrongful Termination
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

Employee’s PAGA Action Was Not Limited By Sick Pay Statute

By Tony Oncidi on Posted in PAGA, Paid Sick Leave, Unfair Competition, Vacation or PTO
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

Proposition 22 Is Not Unconstitutional

By Tony Oncidi on Posted in Independent Contractors
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023) Ride-share drivers and the Service Employees International Union sought to have Proposition 22 declared unconstitutional under the provisions governing workers’ compensation, initiative power, and separation of powers. The trial court granted the petition. The Court of Appeal reversed holding that while certain provisions … Continue Reading

Labor Commissioner’s Deposition Subpoena Power Ends Once Wage Citation Issued

By Tony Oncidi on Posted in California Labor Code
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023) The Labor Commissioner investigated alleged Labor Code violations at Nor-Cal Venture Group, Inc. and issued a wage citation for $900,000. The employer challenged the citation in an informal hearing and the Commissioner issued a subpoena to depose Nor-Cal’s person most knowledgeable. Nor-Cal … Continue Reading

Good Faith Is Defense To Labor Code’s “Knowing And Intentional” Standard

By Tony Oncidi on Posted in Labor Code § 226, Meal Periods and Rest Breaks
Naranjo v. Spectrum Sec. Servs., Inc., 2023 WL 2261253 (Cal. Ct. App. 2023) After holding that premium payments from meal and rest period violations under Labor Code section 226.7 constituted “wages,” the California Supreme Court remanded to the Court of Appeal to resolve two questions: First, whether in failing to timely pay employees premium pay, … Continue Reading

Court Compels Individual But Not Representative Claims To Arbitration

By Tony Oncidi on Posted in Arbitration Agreements, PAGA
Piplack v. In-N-Out Burgers, 2023 WL 2384502 (Cal. Ct. App. 2023) In-N-Out Burgers appealed from the trial court’s denial of its motion to compel arbitration. The trial court denied the motion because In-N-Out’s arbitration agreement contained an unenforceable PAGA waiver. After the trial court’s ruling, the United States Supreme Court held in Viking River Cruises, … Continue Reading

Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated

By Tony Oncidi on Posted in Disability, Discrimination, Wrongful Termination
Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023) Suchin Lin received favorable performance evaluations as an IT Engineer at Kaiser before the decision was made to eliminate her position. Before Lin was informed of the elimination of her position, she fell in the workplace and suffered an injury to her shoulder, … Continue Reading

Pregnancy Discrimination Lawsuit Was Properly Dismissed

By Tony Oncidi on Posted in Disability, Discrimination, FEHA, Harassment, Pregnancy Leave, Reasonable Accommodation, Wrongful Termination
Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023) Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full … Continue Reading

No Claim By Employee Who Was Friends With Alleged Harasser

By Tony Oncidi on Posted in Constructive Discharge, FEHA, Retaliation, Sexual Harassment
Atalla v. Rite Aid Corp., 2023 WL 2521909 (Cal. Ct. App. 2023) Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a district manager/district leader. Atalla and her husband socialized with Lund and his wife, and Atalla and Lund exchanged … Continue Reading

January 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, Breach of Contract, Defamation, Discrimination, Employment Law Notes, Hiring, Independent Contractors, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Wage Statements, Wrongful Termination
We invite you to review our newly-posted January 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus Family Court May Order Employer To Provide Determination Of Arrearages Owed In Spousal … Continue Reading

Outside Salesperson Exemption Does Not Apply To Workers Whose Employer Controls Their Hours And Working Conditions

By Tony Oncidi on Posted in Meal Periods and Rest Breaks, Minimum Wage, Overtime
Espinoza v. Warehouse Demo Servs., Inc., 86 Cal. App. 5th 1184 (2022) Georgina Espinoza, an employee of Warehouse Demo Services (“Warehouse”), worked in a Costco and performed demonstrations of products. Warehouse did not lease the space, but instead collects floor space on behalf of the companies whose products are demonstrated and then remits payment on … Continue Reading

Employer Need Not Count Overtime Twice In Bonus Calculation

By Tony Oncidi on Posted in Bonus Compensation, Overtime, PAGA
Lemm v. Ecolab Inc., 2023 WL 21795 (Cal. Ct. App. 2023) Stephen Lemm, a route sales manager, brought a PAGA action against his employer, Ecolab, Inc., alleging that Ecolab improperly calculated nondiscretionary bonuses. Pursuant to Ecolab’s incentive plan, an employee could receive a higher monthly bonus based on performance as a percent of gross wages. … Continue Reading

Real Estate Agents Are Independent Contractors As A Matter Of Law If Requirements Met

By Tony Oncidi on Posted in Independent Contractors, PAGA
Whitlach v. Premier Valley, Inc., 86 Cal. App. 5th 673 (2022) James Whitlach, a real estate agent, brought a PAGA suit against Premier Valley, Inc. dba Century 21 MM and Century 21 Real Estate, LLC (collectively, “Century 21”). Whitlach alleged that Century 21’s real estate agents were misclassified as independent contractors. The Court of Appeal … Continue Reading
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