Earlier this year, we wrote about a proposed bill in California, AB 51, which would prevent employers from requiring their employees to bring all employment-related claims, including discrimination, harassment, retaliation, and wage and hour claims, in arbitration instead of state or federal court. Earlier this month, Governor Newsom signed AB 51 into law.
Continue Reading California’s Anti-Arbitration Bill Gets Signed Into Law
The Ninth Circuit Court of Appeals upheld a District Court’s ruling in favor of employer Medtronic, Inc. in a lawsuit alleging Medtronic unlawfully terminated employee Jose Valtierra’s employment because he was morbidly obese, in violation of the Americans with Disabilities Act. In doing so, the Court declined to decide whether morbid obesity is a disability, leaving this issue unsettled in the Ninth Circuit.
Continue Reading Ninth Circuit Skirts Issue of Whether Obesity is a Qualifying Disability Under the ADA
To all employers in Washington DC who employ tipped workers, heed this warning: as of July 1, 2019, you must comply with new notice, reporting, and training requirements, as set forth in the Tipped Wage Workers Fairness Amendment Act of 2018.
Continue Reading DC Employers of Tipped Workers Must Prepare To Comply With New Wage and Hour Requirements
California has long been considered one of the most – if not the most – protective states of employee rights. This continues to ring true, as the legislature has proposed another law aimed at prohibiting employers from requiring employees to sign mandatory arbitration agreements as a condition of employment. In essence, Assembly Bill 51 (AB 51), would prevent employers from requiring their employees to bring all employment related claims, including discrimination, harassment, retaliation, and wage and hour claims, in arbitration instead of state or federal court.
Continue Reading California Legislators Take Another Stab At Preventing Employment Arbitration Agreements
In Hernandez v. Pacific Bell Co., a California court held that employees who drive between their homes and a client worksite (in this case, a customer’s residence) using a company vehicle under the company’s voluntary vehicle take-home program need not be compensated for the commute time.
Continue Reading California Court Holds Commute Between Home and Client Site is Not Compensable Time Under Voluntary Company Vehicle Take-Home Program
In the wake of the #MeToo movement, many state legislatures have begun to take action to provide greater protections for victims of sexual harassment and make it easier for them to make complaints in the workplace. For example, in California, AB 2770 amends Civil Code Section 47 to protect alleged victims of sexual harassment by a co-worker in making complaints to the employer without the fear of being found liable for defaming the alleged harasser.
Continue Reading California’s AB 2770 Protects Employers and Victims of Sexual Harassment from Defamation Claims