Tag Archives: California Employment Beat

Uber’s arbitration agreements break down drivers’ misclassification suits

Employers considering requiring their employees sign arbitration agreements with class waivers just got a real-world example of the effectiveness of such agreements. On September 25, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld the enforceability of arbitration agreements signed by thousands of Uber drivers in California. In the underlying lawsuits, the Uber … Continue Reading

Is Your Company Prepared for the Changes to CFRA Leave?

The changes to employees’ rights to take leave under the California Family Rights Act (CFRA) go into effect July 1, 2015. Your company should be prepared only if it has done the following: Reviewed the changes to the CFRA regulations, which may be found here. Updated your policies and employee handbooks to reflect the legal … Continue Reading

California Expands the Frontiers of Employment Discrimination–Again

Effective January 1, 2014, California’s Fair Employment & Housing Act (Gov. Code §§12940, et seq.) has been amended to push the boundaries of what counts as employment discrimination. California employers should revise all postings, employee handbooks and training materials to reflect two important changes in the law.   … Continue Reading

9th Inning, Two Outs, None On for California State Courts That Ignore Federal Arbitration Act

2013 is shaping up to be the year that that party ended for state evasion of the Federal Arbitration Act. States have traditionally relied on a number of stratagems to avoid the preemptive force of the FAA’s “liberal federal policy favoring arbitration.” (Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 [1983]). One … Continue Reading

Alice is Back in Wonderland: Meal Break Policies Must be 100% Legal to Blunt Employee Class Actions in California Even in Absence of Actual Violation

California employers, who, only thirteen months ago, thought they no longer had to worry about wage/hour class actions by employees over meal and other rest breaks need to worry again. When the California Supreme Court handed down its blockbuster decision in Brinker Restaurant Corp. v. Superior Court, 53 Cal.4th 1004 (2012), thirteen months ago, California … Continue Reading

Act Now On California Labor Code Sec. 226 Amendments

Under California law, employers must provide their employees with wage statements that contain nine specific categories of information. See Cal. Labor Code § 226(a)(1)-(9).  Plaintiffs in California wage and hour actions regularly and routinely have included section 226 claims with other wage allegations, claiming non-compliance by employers. And until January 1, 2013, employers have, in some circumstances, … Continue Reading

Proposed Amendment Seeks to Pack More Punch Behind California’s “Shine the Light” Law

Our Global Regulatory Enforcement colleagues Lisa B. Kim, Steven Boranian and Joshua B. Marker have written a blog post discussing a proposed amendment to California’s “Shine the Light” law seeks to require companies to disclose more detailed information about their data-sharing practices, while giving consumers the ability to bring class action lawsuits under the legislation. To … Continue Reading

California’s Pregnancy Disability Leave Regulations Add to Employer Obligations

Newly-amended state regulations effective December 30, 2012 have expanded the definition of “disabled by pregnancy.” The amended regulations now also expressly provide that a woman is “disabled by pregnancy” if she suffers from severe “morning sickness” or needs time off for: prenatal or postnatal care; bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia, post-partum depression; childbirth; loss … Continue Reading

Harris v. City of Santa Monica: California Supreme Court Rules on Mixed Motive Defense Under California’s Fair Employment and Housing Act

This post was also written by Paul D. Fogel. On February 7, 2013 the California Supreme Court issued its much-awaited opinion in Harris v. City of Santa Monica, announcing whether and to what extent a “mixed motive” defense is available to an employer under the Fair Employment Housing Act (“FEHA”). Although a mixed bag, the holding … Continue Reading

New for 2013: CA Employees Have the Right to a Copy of Their Personnel Files

An amendment to California Labor Code Section 1198.5 goes into effect on January 1, 2013, relating to employee access to personnel records.  At a current or former employee’s request, an employer must make the employee’s file available for inspection and — new for 2013 — provide a copy of an employee’s personnel records to that … Continue Reading

Got “Receipt”? Effective January 2013, Employers Must Have Written Contracts for Commissioned Employees Working In California

Under California Labor Code 2751 (amended in 2012), effective January 1, 2013, employers must provide all commissioned employees who render services in California with a written contract detailing the method by which the commission shall be computed and paid.  This law applies to all employers (both in-state and out-of-state) who pay commissions to employees working … Continue Reading
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