California Employment Law Update

Tag Archives: Compensation

July 2022 California Employment Law Notes

We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading

Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing

Johnson v. WinCo Foods, LLC, 2022 WL 2112792 (9th Cir. 2022) Alfred Johnson brought this class action against WinCo, seeking compensation as an “employee” for the time and expense of taking a drug test as a successful applicant for employment. Plaintiffs argued that because the drug tests were administered under the control of the employer, … Continue Reading

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading

Detention Officers’ State Law Wage Claims Were Not Subject To Exclusive Federal Remedy

Naranjo v. Spectrum Sec. Services, 172 Cal. App. 4th 654 (2009) Gustavo Naranjo worked as a detention officer for Spectrum, which provides security services in holding facilities and detention centers throughout Los Angeles County under a contract with federal Immigration and Customs Enforcement (“ICE”). The terms of Spectrum’s contract with ICE rely on wage and … Continue Reading

Company’s Proposed Payments To Corporate Officials Were Not Subject To Retention Under Sarbanes-Oxley Act

SEC v. Gemstar-TV Guide Int’l, 367 F.3d 1087 (9th Cir. 2004) As part of its announced plans to restructure its management and corporate governance, Gemstar-TV Guide entered into negotiations for termination agreements with its CEO and CFO. The CEO’s termination agreement provided for a “termination fee” of $22.45 million, an additional $7.03 million in unpaid … Continue Reading

Employee Failed To State RICO Claim Based On Alleged Mail Fraud

Miller v. Yokohama Tire Corp., 358 F.3d 616 (9th Cir. 2004) Christopher Miller, who worked for Yokohama Tire Corporation for 11 years before his termination, alleged that he was denied overtime pay as a result of a “fraudulent scheme” on the part of his employer. Miller further alleged that Yokohama mailed him and other improperly … Continue Reading

Large Grocer May Have Made Unlawful Deductions From Employees’ Bonus Plan

Ralphs Grocery Co. v. Superior Court, 112 Cal. App. 4th 1090 (2003) David Swanson, a former store manager at a Ralphs grocery store, filed a class action against Ralphs for alleged violations of the California Labor Code and the Unfair Competition Law (Business and Professions Code Section 17200). Swanson alleged that Ralphs had violated the law by making … Continue Reading
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