California Employment Law Update

Tag Archives: technology

PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration

By Tony Oncidi on Posted in Arbitration, Arbitration Agreements, Arbitration provision, California Supreme Court, Class Action, Class Actions, Collective Bargaining, Court of Appeal, Employment Contracts, Employment Policies, Independent Contractor, Independent Contractors, PAGA, Uncategorized
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023) After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration. Erik Adolph worked as a driver for Uber, … 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

California Expands FEHA Liability to Include “Institutional Agents” of Employers

By Tony Oncidi, Joseph O’Keefe and David Gobel on Posted in California Labor & Employment Law, FEHA, News, Third Party Liability
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers for discrimination and harassment, but also other independent businesses that work on behalf on their employers. In Raines v. … Continue Reading

New Government-Created SmartPhone “App” Now Available For Use As “iEvidence” To Assist Employees In Wage Disputes

By Proskauer Rose on Posted in Class Actions, Computer and Internet Use, FLSA, Overtime, Wage and Hour
As the federal government wades deeper into the realm of mobile "apps" (among the most useful, of course, the Smithsonian Institution’s “MEanderthal” app, which enables users to morph personal photos into prehistoric images of themselves), various U.S. agencies are promoting new apps that allow the public to access official information from “the palm of [one’s] … Continue Reading

Employee Did Not Trespass By Sending Thousands Of E-Mails To Former Employer

By Tony Oncidi on Posted in Computer and Internet Use, Employment Law Notes
Intel Corp. v. Hamidi, 30 Cal. 4th 1342 (2003) Kourosh Kenneth Hamidi, a former Intel engineer, formed an organization named Former and Current Employees of Intel (FACE-Intel) to disseminate information and views critical of Intel’s employment and personnel policies and practices. Over a 21-month period, Hamidi sent as many as 35,000 messages to e-mail addresses … Continue Reading
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