Ninth Circuit Court of Appeals

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Dominguez v. Better Mortgage Corp., 88 F.4th 782 (9th Cir. 2023)

Underwriter Lorenzo Dominguez filed this putative class and collective action against his former employer, alleging that the company failed to pay proper overtime to him and other similarly situated underwriters. After Dominguez filed the lawsuit, his former employer allegedly attempted to persuade other underwriters at the company not to participate in the…

Sanders v. County of Ventura, 87 F.4th 434 (9th Cir. 2023)

The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of the employer (Ventura County) in this putative class action arising under the federal Fair Labor Standards Act (“FLSA”), brought by county firefighters and police officers who opted out of their union- and employer-sponsored health plans. The employees who…

Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023)

The California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members who bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under California law to prevent the spread of COVID-19 to…

Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023)

The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings.  In this putative class action, plaintiffs allege that their employment offers were conditioned upon their completion of pre-employment…

We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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The Ninth Circuit recently issued an opinion that signals some movement in the direction away from enforcing employment-related arbitration agreements.

In Miller v. Amazon.com, Case No. 2:21-cv-00204-BJR, the Ninth Circuit affirmed the district court’s order denying Amazon’s motion to compel arbitration in a case brought by Amazon Flex delivery drivers who made last-leg deliveries of goods shipped from other states or countries…

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill 699, which amends California Business & Professions Code Section 16600 to prohibit an employer from entering into or attempting to enforce a non-compete agreement regardless of whether the contract was signed outside of California.  The law goes into effect on January 1, 2024.

Previously, California law banned non-compete agreements, subject to limited exceptions. …

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:

…

Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023)

Agricultural laborers who picked strawberries for several growers sued the growers’ distributors, Better Market Produce and Red Blossom Sales, alleging that the distributors were liable for unpaid wages after the growers went bankrupt.  Under Cal. Lab. Code § 2810.3, a company that outsources work to a labor provider may be held liable for…