In 2019, AB 51 is Passed As readers of this blog know, in 2019 the California legislature passed AB 51, a new law that added Section 432.6 to the California Labor Code. This new statute made it illegal for an employer to require an applicant or employee, as a condition of employment, to sign an… Read More
Posts Tagged With: California Labor Code
New Year, New Laws: Coming Soon to a Workplace Near You
The new year is right around the corner, and with it comes a host of new and amended laws for California employers. As we blogged about previously, numerous California employment laws changed in 2020 – COVID-19-related AB 685, AB 1867 and SB 1159, expansions to California’s Family Rights Act in SB 1383, new exemptions relating… Read More
Silent but Deadly? AB 1947 Packs a Punch for Retaliation Claims
With little public recognition in light of the ongoing pandemic-related legislation, Governor Newsom recently approved AB 1947 – legislation that will have significant impact on employers. AB 1947 amends two specific provisions of the Labor Code relating to employee retaliation claims – Section 98.7, which enables workers to file retaliation claims with the Labor Commissioner,… Read More
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
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
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
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
What’s in a Name? The Devil Is In The Details
Recently, a California appellate court issued a clear reminder to employers that paying meticulous attention to detail is required in complying with California’s wage and hour laws. In Noori v. Countrywide Payroll & HR Solutions, Inc. (CA3 C084800, 12/26/19), the Third Appellate District closely analyzed the Labor Code’s requirements regarding itemized wage statements and concluded… Read More
California Court Refuses to Enforce Texas Choice of Law and Forum Selection Clause
California employers sometimes try to avoid the employee-friendly rules embedded in California law by inserting choice of law clauses into employment contracts. These clauses stipulate that, in the event of a dispute between the employer and employee, the laws of the State of Texas (or some other employer-friendly state) shall govern the dispute. In addition,… Read More
