Ronald Hittle was the Fire Chief in Stockton, California. In May 2010, the City received an anonymous letter describing Hittle as a “corrupt, racist, lying, religious fanatic who should not be allowed to continue as the Fire Chief of Stockton.” It was later revealed that the letter came from a high-ranking manager in the Fire… Read More
HR & Employment Law Blog
California’s Supreme Court Erases Viking River’s PAGA Victory for Employers
The California Supreme Court recently issued its highly anticipated decision in Adolph v. Uber and answered the key question of whether the California courts would follow the U.S. Supreme Court’s ruling in Viking River. The California Supreme Court’s answer was a resounding “NO.” Now, after Adolph v. Uber, an employee whose individual PAGA claims are… Read More
Supreme Court: Employers Must Accommodate Employees’ Religious Practices
The U.S. Supreme Court recently ruled, in Groff v. DeJoy, that employers have a heightened duty to accommodate their employees’ religious practices.
DHS Ends Temporary I-9 Flexibilities Today
The I-9 “temporary flexibilities” that were born out of the COVID emergency expire today. Employers now have 30 days from today — or until August 30, 2023 — to get all of their I-9 forms into compliance for those employees (a) who were hired after March 2020, and (b) whose identification records were not physically… Read More
Employees Now Can Sue Under PAGA for Paid Sick Leave Violations
California’s Healthy Workplaces, Healthy Families Act (known as the “Paid Sick Leave Law” or “PSLL”) requires employers to provide employees, with a few narrow exceptions, three days of paid sick leave each year. The PSLL does not give employees a private right of action, meaning that employees can’t sue their employers directly under the PSLL. … Read More
California Expands Employee Whistleblower Protection
On May 22, 2023, the California Supreme Court issued a unanimous decision expanding employee whistleblower protection. In People ex rel. Garcia-Brower v. Kolla’s Inc., the Court held that the definition of the term “disclosure” in California Labor Code section 1102.5 includes reporting of a violation of a state or federal statute, or a violation of or… Read More
California Courts are Refusing to Follow the U.S. Supreme Court’s Viking River Decision
California Courts are Refusing to Follow the U.S. Supreme Court’s Viking River Decision, which means that U.S. Supreme Court decision may not offer employers a clever PAGA escape hatch after all.
Employers Beware: Don’t Allow Employees to e-Sign Arbitration Agreements
Many (wise) California employers use arbitration agreements requiring employees to submit any future employment-related dispute to mandatory arbitration. Arbitration is typically favored by employers because it is cheaper, faster, and more private than litigation. There’s also the perception that arbitrators are more conservative and less emotional than jurors, which employers believe translates into more friendly… Read More
The Beginning of the End for California’s Independent Contractor Law AB 5?
California’s strict independent contractor law known as AB 5 – which prohibits businesses from classifying a worker as an independent contractor unless they can pass all three prongs of the stringent “ABC Test” – may soon be a thing of the past. On March 17, 2023, the Ninth Circuit Court of Appeals concluded in Olson… Read More
NLRB Issues Bombshell Ruling on Contractual Non-Disparagement and Confidentiality Clauses
On February 21, 2023, the now Democratically-controlled National Labor Relations Board ruled in McLaren Macomb that the use of confidentiality and non-disparagement clauses in severance agreements violates the federal National Labor Relations Act (“NLRA”) because they restrict workers from engaging in “protected activity.” The Board ruled that the confidentiality clause at issue in McLaren Macomb… Read More
