Last week, the Ninth Circuit issued an opinion in Sharp v. S&S Activewear, L.L.C. where it confirmed that music in the workplace can form the basis of a Title VII sex harassment claim even when it is (1) not directed at any particular individual employee, and (2) offends both female and male employees.
Continue Reading Ninth Circuit Says Music in the Workplace Can Form Basis for Harassment Claim Under Title VII
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Pot, Pay Scales, Paid Family Leave, Plus More: New California Employment Laws for 2023
Continue Reading Upcoming FREE Webinar on New California Employment Laws for 2023
In a huge win for California employers, the California Court of Appeals recently confirmed that courts have discretion to strike claims for penalties under the Private Attorneys General Act of 2004 (“PAGA”) if the claims will be unmanageable at trial. This decision will help employers defeat—or significantly pare down—the broad and unwieldy claims for PAGA penalties that have become popular with the plaintiffs’ bar.
Continue Reading Courts Have Authority to Strike Unmanageable PAGA Claims, Says CA Court of Appeals
Employers operating in California often ask employees to agree to arbitrate employment-related disputes as a term and condition of employment. In its recent Chamber of Commerce v. Bonta decision, the Ninth Circuit took a significant step toward prohibiting such mandatory employment arbitration agreements. However, the combination of a 2-1 panel decision (authored by a visiting judge from the Tenth Circuit), a scathing dissenting opinion, and a holding that splits with decisions from the First and Fourth Circuits all but ensures more litigation. As a result, the case is far from over, so while employers eventually may have to consider changing their arbitration agreement practices, they very likely have some time to let the dust settle before doing so.
Continue Reading The Ninth Circuit, Mandatory Arbitration Agreements, and “Clown Bop Bags”
California already has prohibitions on including non-disclosure provisions in certain settlement agreements related to sexual harassment. Now California seeks to expand these prohibitions by enacting the Proposed California SB-331 (“Silenced No More Act”). The new Act aims to prohibit provisions within any agreement that prevent or restrict the disclosure of factual information of claims related to harassment, discrimination, and retaliation. The proposed bill recently passed senate and assembly, and if approved by governor, will become effective January 1, 2022.
Continue Reading California Proposed Legislation – “Silenced No More Act” (SB-331)
California employers will need to reconsider the way they calculate premium payments for meal and rest break violations following a recent decision of the California Supreme Court.
Continue Reading California Supreme Court Adopts New Premium Pay Calculation for Meal and Rest Break Violations
California recently enacted Assembly Bill 1867, requiring all private employers with 500 or more employees to provide COVID-19 supplemental paid sick leave for their California employees. Employers must begin providing supplemental sick leave, under the new law, no later than September 19, 2020. The law will remain in effect until the later of December 31, 2020 or expiration of any federal extension of the Families First Coronavirus Response Act.
Continue Reading California Expands COVID-19 Paid Sick Leave
On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which requires California employers in the food sector industry to provide certain workers affected by the COVID-19 pandemic with up to 80 hours of supplemental paid sick leave.
Continue Reading California Employers In The Food Sector Industry Ordered To Provide COVID-19 Supplemental Paid Sick Leave
In the face of unprecedented challenges due to COVID-19, employers have been forced to balance the need to mitigate current health risks against the need to protect their future financial viability. Last week, the Los Angeles City Council made navigating that balance more difficult for some employers.
Continue Reading COVID 19: City Of Los Angeles Imposes New Paid Sick Leave Obligations on Employers With 500+ U.S. Employees
The Ninth Circuit recently overturned a district court’s grant of class certification on a wage statement claim under California Labor Code §226 because there were no “real-world consequences” stemming from the alleged misidentification of the employer’s name on the wage statement.
Continue Reading Ninth Circuit Strikes Down California Wage Statement Class Action for Plaintiff’s Failure to Show “Real World Consequences” to Establish Standing