On July 28, the State of California published a helpful resource for employers – the “COVID-19 Employer Playbook: Supporting a Safer Environment for Workers and Customers.” Many of our clients have confessed to feeling some measure of “COVID Weariness” – the feeling of being overwhelmed and exhausted by…
A recent Court of Appeal decision underscores the importance of reviewing severability provisions in arbitration agreements. In Kec V. Superior Court, Plaintiff Nichole Kec brought individual, class, and Private Attorneys General Act (“PAGA”) claims against her former employer, defendants R.J. Reynolds Tobacco Company and Reynolds American, Inc. (“Reynolds”),…
On June 29, 2020, the California Supreme Court ruled in favor of employers in a trio of cases involving flight attendants and pilots who brought various wage and hour claims (both individual and PAGA) against their respective airline employers for non-compliant wage statements and other violations of California’s…
The 2020 global pandemic has brought many rapid changes to the world – and that includes changes to courtrooms and trial across California. COVID-19 has wrought havoc on our court system here in California, forcing many cases (other than the most urgent and life-threatening) to grind to a…
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,…
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”…
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)…
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…
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…
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…