We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Dismissal of Representative PAGA Claim Vacated Following Adolph v. Uber Techs.
Johnson v. Lowe’s Home Centers, LLC, 93 F.4th 459 (9th Cir. 2024)
The Ninth Circuit vacated a district court’s dismissal of a former employee’s “non-individual” Private Attorneys General Act (PAGA) claims in the wake of the California Supreme Court’s holding in Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023). Plaintiff in this case signed a contract with her employer (Lowe’s)
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
Employee’s Meal and Rest Break PAGA Claims Survive Summary Judgment
Arce v. Ensign Grp., Inc., 96 Cal. App. 5th 622 (2023)
Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act (“PAGA”) that she worked through meal and rest periods and was not paid premiums she was owed for meal and rest breaks after her termination. The
Employer Improperly Delayed Pay To Employees Terminated After Onset Of COVID-19
Hartstein v. Hyatt Corp., 82 F.4th 825 (9th Cir. 2023)
Karen Hartstein represents a certified class of former Hyatt employees who were laid off after the onset of the COVID-19 pandemic in March 2020. The class alleged that Hyatt violated California law by failing to pay them immediately for their accrued vacation time and by failing to compensate them for the value of the
Lawyer-Investigators Recover Attorneys’ Fees Following Successful Anti-SLAPP Motion
Ross v. Seyfarth Shaw LLP, 96 Cal. App. 5th 722 (2023)
Plaintiff Natalie Operstein was a professor of linguistics at California State University, Fullerton, and plaintiff Craig Ross is her husband. In 2014, the university hired a law firm to investigate multiple accusations Operstein raised to her superiors about three of Operstein’s colleagues. Defendant Colleen Regan, then a partner at the law firm, led
Fire Chief Was Terminated For Misconduct Not Because Of His Religion
Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023)
Ronald Hittle served as the City’s Fire Chief before he was fired (following an investigation by an outside investigator) because he lacked effectiveness and judgment in his ongoing leadership of the Fire Department; used City time and a City vehicle to attend a religious event and approved on-duty attendance of other Fire Department
Arbitrator Correctly Enforced Release Agreement Executed By Employee
Castelo v. Xceed Fin. Credit Union, 91 Cal. App. 5th 777 (2023)
Elizabeth Castelo sued her former employer Xceed Financial Credit Union for wrongful termination and age discrimination in violation of FEHA. After the parties stipulated to binding arbitration, the arbitrator granted summary judgment to Xceed based on a release that Castelo signed after she was notified of the termination decision but before her
School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing
Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023)
Pursuant to the State Public Health Officer Order of August 11, 2021, K-12 schools were required to verify the COVID-19 vaccination status of all school workers and to require proof of vaccination or weekly diagnostic screen testing. Plaintiff Gloria Elizabeth Rossi, an employee of the school district, refused to disclose her
September 2023 California Employment Law Notes
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 COVID Vaccination/Weekly Testing
-
Employer Must Prove “Substantial Increased