Archive for California Appellate Court

Employee Gets COVID at Work + Employee’s Family Members Then Get COVID = Family Members Can Sue You

Just when California employers thought things could not get any worse… In See’s Candies, Inc. v. Superior Court, the California Court of Appeal addressed the question of whether a family member of an employee who contracted COVID while at work can sue their family member’s employer for damages. …

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…

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…

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,…

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)…