California Employment Law Update

Tag Archives: Ninth Circuit Court of Appeals

Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members

By Tony Oncidi on Posted in California Labor Code, California Supreme Court, Coronavirus, COVID-19, Employer Liability for Worker's Actions, Employment Policies, Illness and Injury Prevention Program, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues, Serious Health Conditions, Uncategorized, Workplace Safety
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 … Continue Reading

Business Entity Agents Of Employer Share Potential FEHA Liability

By Tony Oncidi on Posted in California Supreme Court, Class Actions, Court of Appeal, Employment Policies, FEHA, Independent Contractors, Pre-Employment Medical Examinations, Third Party Liability, Uncategorized
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 … Continue Reading

September 2023 California Employment Law Notes

By Tony Oncidi on Posted in appellate court, base compensation, California Department of Corrections and Rehabilitation, California Labor and Workforce Development Agency, Court of Appeals, Employment Law Notes, Labor Code Section 4553, Liability for Employee’s Actions Outside the Workplace, Off-the-clock Issues, permanent disability, Reasonable Accomodation, reconsideration
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: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading

Ninth Circuit Broadly Construes Exemption to Federal Arbitration Act

By Gregory Knopp and Jennifer McDermott on Posted in Arbitration Agreements, California Labor & Employment Law, FAA
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 … Continue Reading

California Expands Prohibition Against Non-Competes

By Tony Oncidi and Jennifer McDermott on Posted in California Labor & Employment Law, New and Proposed Laws and Legislation, Non-Competition Covenants
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, … Continue Reading

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

Distributors Not Liable For Unpaid Wages Of Agricultural Workers

By Tony Oncidi on Posted in Bankruptcy, California Labor Code, California Labor Code Section 2810, Independent Contractors
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 … Continue Reading

Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense

By Tony Oncidi on Posted in California Labor & Employment Law, Harassment, Title VII
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023) Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including one male) filed a hostile work environment claim against their employer under Title VII.  Plaintiffs claimed they could not escape … 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

Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal

By Tony Oncidi on Posted in California Labor & Employment Law, Day Laborers, Employee Benefits, Employment Contracts, Employment Policies, Independent Contractors
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023) In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them.  The … Continue Reading

Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status

By Tony Oncidi and David Gobel on Posted in ABC Test, Articles, California Labor & Employment Law, Employment Law Notes, Employment Policies, Independent Contractors
The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th Cir.), seeking review or a rehearing before a new panel of judges, after a Ninth Circuit panel 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

Short-Term Military Leave May Have To Be Comparable To Non-Military Leave Benefits

By Tony Oncidi on Posted in Military Leave
Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023) Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to provide employees who take military leave with the same non-seniority rights and benefits as colleagues who take comparable non-military leaves. Casey Clarkson, a pilot for Alaska Airlines and a military … Continue Reading

No Arbitration Waiver Where Employer Answered Complaint And Engaged In Limited Discovery

By Tony Oncidi on Posted in Arbitration Agreements
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023) Teresa Armstrong executed an arbitration agreement with her employer Michaels Stores. After filing her claims in state court, Michaels answered, asserting its right to arbitration as an affirmative defense and removing the action to federal district court. The parties then submitted a joint case … Continue Reading

Ninth Circuit Strikes Down “Request Arbitration, Go To Jail” Law

By Tony Oncidi on Posted in Arbitration Agreements
Chamber of Commerce v. Bonta, 2023 WL 2013326 (9th Cir. 2023) A Ninth Circuit panel struck down California’s AB 51 (aka the Request Arbitration, Go to Jail Law). The law imposed civil and criminal penalties on employers that required employees to sign arbitration agreements. The same panel previously held that the Federal Arbitration Act (FAA) … Continue Reading

Court Obliterates California’s Anti-Arbitration Law

By Philippe A. Lebel and Morgan Peterson on Posted in Arbitration Agreements, California Labor & Employment Law, FAA, New and Proposed Laws and Legislation
Yesterday, a three-judge Ninth Circuit panel revisited its own 2021 order and finally struck down California’s anti-mandatory employment arbitration law, Assembly Bill 51 (“AB 51”).  In an opinion drafted by the former dissenting judge, Judge Sandra Ikuta, the new majority declared AB 51 was preempted by the Federal Arbitration Act (“FAA”). The statute in question, … 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

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus

By Tony Oncidi on Posted in Age discrimination, Discrimination, Wrongful Termination
Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) Joan Opara was terminated from her employment as an IRS revenue officer after the IRS determined she had committed several “UNAX offenses” (i.e., incidents of unauthorized access of taxpayer data). Following her termination, Opara sued the Treasury Secretary, alleging she was terminated in violation of the … Continue Reading

November 2022 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Disability, Discrimination, Employment Applications, Employment Law Notes, Equal Pay Act, FCRA, FEHA, Gender discrimination, Harassment, Independent Contractors, Negligence, Reasonable Accommodation, Retaliation, Settlement, Sexual Harassment, Whistleblowers, Workers Compensation, Workplace Safety, Workplace Violence, Wrongful Termination
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Whistleblower Claim Should Not Have Been Dismissed In Part

By Tony Oncidi on Posted in Retaliation, Whistleblowers, Wrongful Termination
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to … Continue Reading

EMPLOYMENT ARBITRATION AGREEMENTS REMAIN LEGAL IN CALIFORNIA – AT LEAST FOR NOW!

By Mark Theodore, Tony Oncidi and Wesley C. Shelton on Posted in Arbitration Agreements, California Labor & Employment Law, California Labor Code
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes. In a new twist, … Continue Reading

July 2022 California Employment Law Notes

By Tony Oncidi on Posted in California Labor Code, California Labor Code Section 202, California Labor Code Section 203, Class Actions, Collective Bargaining, Drug Testing, Employment Applications, Employment Law Notes, Hiring, Jurisdiction, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Retaliation, Statute of Limitations, Workers Compensation
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

After Nine Years Of Service In The Air Force Employee Is Entitled To Promotion He Might Have Received With His Employer

By Tony Oncidi on Posted in Collective Bargaining, Military Leave
Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022) Leon Belaustegui left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty in the Air Force, he returned to work as a longshoreman and requested a promotion to the position he … Continue Reading

Foreign Companies That Allegedly Trafficked Cambodians Did Not Have Sufficient Contacts With US

By Tony Oncidi on Posted in Jurisdiction
Ratha v. Phatthana Seafood Co., 35 F.4th 1159 (9th Cir. 2022) Plaintiffs in this case (Cambodian villagers) alleged they had been trafficked into Thailand and subjected to forced labor at seafood processing factories in violation of the Trafficking Victims Protection Reauthorization Act (18 U.S.C. § 1595) (“TVPRA”). The district court granted defendants’ summary judgment motion, … Continue Reading
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