Navigating the California Labor Code can leave California businesses feeling like they are walking through a field full of landmines, with stiff penalties and mandatory attorneys’ fees for violations often leading to devastating results. Recently, however, California employers caught a break. In Betancourt v. OS Restaurant Services, LLC, the Second District Court of Appeals ruled… Read More
Supreme Court Bombshell: Title VII Protects LGBTQ Employees from Workplace Discrimination
On June 15, 2020, in Bostock v. Clayton County, the U.S. Supreme Court ruled in a 6-3 decision that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects LGBTQ employees from workplace discrimination and assures LGBTQ employees of equal treatment in all “terms and conditions” of employment. Justice Neil Gorsuch, a Trump… Read More
Employers, Beware: Right to Arbitrate can be Waived
Arbitration agreements that are well-drafted and “state-of-the-art” under current California law are key to ensuring that employment disputes will be resolved by final and binding arbitration. But a recent California Court of Appeal case – Fleming Distribution Co. v. Younan (Cal. Ct. App., May 15, 2020, No. A157038) 2020 WL 2511680 – is a cautionary… Read More
A Successful Plaintiff Gets Attorneys’ Fees Calculated at $750/hour
In Caldera v. Department of Corrections and Rehabilitation, the California Court of Appeal was asked to determine the proper amount of attorneys’ fees that should be awarded to a disabled employee who won a $500,000 verdict at trial. The employee, Augustine Caldera, complained that his supervisors regularly harassed and mocked him because of his stutter…. Read More
The DOL Announces New Guidance on COVID-19 Federal Paid Leave Laws
On April 20, 2020, the U.S. Department of Labor (“DOL”) announced that it was ending its temporary period of non-enforcement of the paid leave protections established by the Families First Coronavirus Response Act (“FFCRA”) and issued additional guidance regarding the operation of the paid leave provisions of the new law. The End of Non-Enforcement The… Read More
San Francisco Enacts Paid Leave Law for Employees at Large Companies
On April 17, 2020, Mayor London Breed signed the San Francisco Public Health Emergency Leave Ordinance (“PHELO”), which was previously passed by San Francisco’s Board of Supervisors on April 14, 2020. The PHELO became effective immediately, and San Francisco’s Office of Labor Standards Enforcement (“OLSE”) issued guidelines regarding its provisions the very next day. The… Read More
CA Supreme Court Rules that PAGA Claims Survive Even if Underlying Claims are Settled
California employment law is notoriously volatile. The ever-changing landscape – especially as related to Labor Code violations and cases brought under California’s wide-ranging Private Attorneys General Act (“PAGA”), which authorizes representative actions for Labor Code violations – can make it challenging for employers to find certainty in how they plan for potential claims and address… Read More
uWait, uWork, iPay
The California Supreme Court recently clarified that California law requires that Apple Inc. pay its workers for all time they spend waiting to be searched before leaving Apple retail stores. In Frlekin v. Apple, Inc., workers at Apple’s retail stores filed a class action lawsuit against Apple Inc. in federal court asserting that they had… Read More
The Federal CARES Act Provides Some Relief for Small Businesses Impacted by the COVID-19 Pandemic
On March 27, 2020, Congress voted to enact The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which was signed into law by President Trump on the same day. The CARES Act is the most recent in a wave of federal legislation passed in an effort to counter the economic impacts of the COVID-19 pandemic…. Read More
U.S. Department of Labor Issues Guidance on the FFCRA
As we discussed in a previous blog post which you can find here, the federal Families First Coronavirus Response Act (“FFCRA”) created two new paid leave entitlements employees working in companies with fewer than 500 employees. We are referring to these new entitlements as Emergency FMLA Leave and Emergency Paid Sick Leave, respectively. Since the… Read More
