California employers face even more liability now for misclassifying workers as “independent contractors.” That’s because the California Supreme Court recently ruled in Vasquez v. Jan-Pro Franchising, Inc. that the test for determining whether a worker qualifies as an employee or independent contractor – known as the “ABC Test” and announced in the Court’s 2018 decision… Read More
Posts Categorized In: Employment Litigation
Court of Appeals Confirms That Arbitration Agreements Won’t Protect Employers from PAGA Litigation
California’s Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for violations of the California Labor Code. Lawsuits brought under PAGA have resulted in employers paying millions of dollars in penalties that the state almost certainly would not have… Read More
U.S. Supreme Court: No Separation of Church and Employer
In July, the U.S. Supreme Court ruled on two important cases relating to religion and employment. In both decisions, the Court came down squarely on the side of religious freedom, ruling in favor of employers. In Our Lady of Guadalupe School, two teachers brought employment discrimination claims against their former employers, both of which were Catholic… Read More
Quit When You’re Ahead – An Expensive Lesson for One California Employer
In case there was any doubt, the California Court of Appeal recently delivered an expensive reminder of its pro-employee stance. Timothy King, a former Regional President for U.S. Bank, was recently awarded $15.6 million in damages based on a jury’s finding that U.S. Bank defamed and wrongfully terminated him in order to avoid paying him… Read More
Note to Employers: Craft Your Arbitration Agreements Carefully
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”), as well as three individual employees at… Read More
The Skies Just Got Friendlier for Employers
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 Labor Code. Each of the cases was… Read More
Litigating From Home: The New Normal Thanks to COVID-19
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 halt, for months. Now, both state and… Read More
Employers Catch a Break: No Attorneys’ Fees for Missed Meal and Rest Period Claims
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
