California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: New Cases

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Five things employers must understand about LinkedIn’s job reference lawsuit

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Technology & Law
Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the regulations set forth in the FCRA.  The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member.  The results list common employers and… Continue Reading

Friday’s Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new “sharing economy”

Posted in Best Practices For California Employers, Class Actions, New Cases, Technology & Law, Wage & Hour Law
Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if… Continue Reading

Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions… Continue Reading

Five issues employers should become familiar with under California’s Labor Code provisions regarding one day of rest every seven days of work

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
The Ninth Circuit Court of Appeals has asked the California Supreme Court to clarify three questions pertaining to California’s little known, and very rarely litigated, laws regarding a day of rest every seven days. The case is Mendoza v. Nordstrom. The California Supreme Court’s clarification could result in a new-found focus on these laws, and… Continue Reading

Five indispensable items employers must know about California’s Wage Theft Protection Act’s Notice to Employee

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Wage & Hour Law
The Wage Theft Protection act of 2011 added Labor Code section 2810.5 requiring all private California employers to provide a written notice containing specific information to non-exempt employees upon hire. Below are five indispensable items employers should understand about the Notice to Employee (“Notice”) required under the law. 1. All private employers, regardless of size,… Continue Reading

Five New Year’s resolutions for California employers in 2015

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Wage & Hour Law
Happy New Year.  I started the Friday’s Five articles at the beginning of last summer, and the interest in the articles has been astounding, so I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that said,… Continue Reading

Top five employment law class action claims for California employers in 2014

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Technology & Law, Wage & Hour Law
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.… Continue Reading

Steps California employers should take to comply with employment law changes in 2015 – part one

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases
The laws passed in 2014 added some new posting requirements and resulted in the need to revise some of the notices California employers are required to provide to employees. This Friday’s Five Best Practices article sets out five items California employers should review before the start of 2015: 1. Review newly published frequently asked questions… Continue Reading

Five lessons for employers from new meal break decision: In re Walgreen Co. Cases

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases
An appellate court upheld a trial court’s denial of class certification in a case brought against Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations. 1. Meal break cases are harder to certify as class actions after the Brinker decision. The California Supreme Court held in Brinker Restaurant… Continue Reading

Friday’s Five: Five points to understand about California’s new requirements for sexual harassment training

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases
AB 2053 was signed into law by Governor Brown, and as of January 1, 2015, employers have to comply with new obligations regarding the sexual harassment training already required for some employers under California law.  Here are five issues employers should understand about AB 2053.  1. What are employer’s current obligations to have supervisors attend… Continue Reading

Friday’s Five: Five things every California employer needs to know about the newly enacted paid sick leave law

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases, Wage & Hour Law
On September 10, 2014, the Governor signed into law a bill that requires a minimum of three paid sick days per year for employees. The new law applies to all employers, regardless of size. Here are five essential points employers must understand to begin the process of meeting their obligations under the new law. 1. How… Continue Reading

Friday’s Five: Five California Labor Code provisions employees cannot waive

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Wage & Hour Law
Here is a list of five rights provided to employees under the California Labor Code that the employee may not waive by agreement with an employer. 1. Minimum wage Labor Code Section 1194 provides a private right of action to enforce violations of minimum wage and overtime laws. That statute clearly voids any agreement between… Continue Reading

Complying With California’s Minimum Wage Increase

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Wage & Hour Law
Here is a short video regarding some items California employers should consider about the minimum wage increase taking effect July 1, 2014.  For more information about the minimum wage increase: Five issues California employers should review before the minimum wage increases July 1, 2014… Continue Reading

Five Things You Need To Know About Arbitration Agreements After The California’s Supreme Court’s Ruling In Iskanian v. CLS Transportation Los Angeles, LLC

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
1. Arbitration Agreements: What Are They? Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that… Continue Reading

California Supreme Court Upholds Class Action Waivers: Iskanian v. CLS Transportation Los Angeles, LLC

Posted in Best Practices For California Employers, Class Actions, New Cases, Wage & Hour Law
Today, the California Supreme Court issued a ruling in Iskanian v. CLS Transportation Los Angeles, LLC regarding the enforceability of class action waivers in arbitration agreements. In upholding class action waivers in arbitration agreements, the Supreme Court explained in the introduction of the opinion: The question is whether a state’s refusal to enforce such a… Continue Reading

Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law, Wrongful Termination
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.  For more information and to register, please complete the form below:  … Continue Reading

Now Tougher For Employers To Recover Attorney’s Fees In Wage Cases

Posted in Class Actions, New Cases, Wage & Hour Law
Yesterday, Governor Brown signed into law SB 462 which amends Labor Code section 218.5 to only allow employers to recover their attorney’s fees and costs upon a finding by the court that the employee brought the claim in bad faith. This Labor Code section applies to actions for nonpayment of wages, fringe benefits, or health… Continue Reading

Court upholds company’s classification of worker as an independent contractor in Beaumont-Jacques v. Farmers Group

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
The new decision in Beaumont-Jacques v. Farmers Group examines the test in determining a worker’s independent contractor status. In applying the “economic realities” test set forth by the California Supreme Court in S.G. Borello & Sons, Inc. v. Dept. of Industrial Relations, the Court focused on whether the worker had “meaningful discretion with reference to… Continue Reading

7 Items A Company Needs To Do After Being Sued In A Wage And Hour Class Action

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Being named as a defendant in a class action lawsuit can be overwhelming, especially for a quickly growing company. However, with planning, a company can minimize the impact of the litigation on its existing operations and put forth the best defense. Here are seven items a company can do as part of this planning process… Continue Reading

Reporting Time Pay – Aleman v. AirTouch

Posted in Class Actions, New Cases, Wage & Hour Law
Employees of AirTouch who worked for the cellular provider filed a putative class action alleging that the AirTouch employees were entitled to additional wages under California’s “reporting time pay” requirements. The plaintiffs alleged that they were owed reporting time pay for days on which they were required to attend store meetings, which lasted only a… Continue Reading

5 compliance issues California employers need to audit at least once a year

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Wage & Hour Law
Your company has updated its employee handbook, but the work is not over in California. Here are a few reminders of additional steps employers should review after conducting a handbook update and on a periodic basis. Of course this list is not comprehensive, but it comprises of a few items that sometimes take a backseat… Continue Reading

Reminder: Webinar On Social Media Under California Law Tomorrow

Posted in About the California Employment Law Report, Best Practices For California Employers, New Cases, Technology & Law
This will be one of our most attended webinars, and there is still time to sign up. The webinar will cover legal issues facing California employers under the new Labor Code section prohibiting employers from asking applicants and employees for social media passwords, privacy issues when conducting background checks, alternatives to social media policies, and… Continue Reading

Can California employers monitor employees’ internet usage under new Labor Code section 980?

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Technology & Law
California passed a new law taking effect January 1, 2013 that prohibits employers from “requiring or requesting” employees and applicants to provide their passwords to social media accounts. This law was passed after a few cases made the news where employers were actually asking for this information. As I argued before, this law was probably… Continue Reading

Zuckerberg’s lesson in online privacy – does it exist?

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Technology & Law
There was a good reminder to everyone over Christmas about online “privacy.” Randi Zuckerberg, the sister of Facebook co-founder and CEO Mark Zuckerberg posted a picture of her and her family on FB, and it was shared by another person on twitter. The photo was one of the Zuckerberg family using Facebook’s new Poke functionality… Continue Reading
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