The California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders, which regulate wages, hours, and working conditions. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond, as companies try to navigate the new gig economy.
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Matthew I. Bobb
California Supreme Court Provides Guidance on Suitable Seating Requirements
Posted in Employment Policies
Last Monday, the California Supreme Court in Kilby v. CVS Pharmacy, Inc. clarified the meaning of California’s requirement that all working employees be provided with suitable seating “when the nature of the work reasonably permits the use of seats.” …
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EEOC Brings First Sexual Orientation Discrimination Lawsuits
By Robert T. Quackenboss & Matthew I. Bobb on
Posted in EEOC Developments, Employment Discrimination
On March 1, 2016, the United States Equal Employment Opportunity Commission (“EEOC”) sued employers for the first time for sexual orientation discrimination. The EEOC filed lawsuits in federal courts in Pittsburgh and Baltimore against manufacturing and health care employers for unlawful sex discrimination on behalf of employees alleging they were harassed and discriminated against based on their sexual orientation.
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New California Law Helps Employers Avoid Some PAGA Suits
Posted in Employment Policies
On Friday October 2, 2015, Governor Jerry Brown signed AB 1506 into law, amending California’s Private Attorneys General Act to provide an employer the right to cure certain technical violations of the California Wage Statement Law (Labor Code § 226) before the employer can be sued.
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Ninth Circuit holds PAGA Waiver Provisions are Unenforceable
Posted in Employment Agreements, Employment Policies
The Ninth Circuit ruled on Monday, September 28, that California Private Attorney General Act claims cannot be waived in employment arbitration agreements, following the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014).
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