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On June 28, 2010, the Court of Appeal of the State of California, Fourth Appellate District, certified its June 3, 2010, opinion in Pennsylvania General Ins. Co. v. American Safety Indem. Co. (No. D054522) for publication....
March 11, 2014
The California Supreme Court Permits Older Workers to Pursue Age Claim Against Google
In Reid v. Google, Inc., the California Supreme Court decided two questions, one procedural and one substantive, which will have a substantial impact on an employer’s ability to defeat employment litigation via use of a...
March 11, 2014
New Court of Appeal Decision Makes It More Difficult for Employers to Require Arbitration of Employment Disputes
A new decision from the California Court of Appeal makes it more difficult for employers to enforce arbitration clauses in employment agreements that provide for an award of attorney’s fees and costs to the prevailing...
March 11, 2014
New Court of Appeal Decision Highlights Importance of Having Current Employee Handbook and Electronic Communications Policy
A new decision from the California Court of Appeal found that emails sent between an employee and her attorney were not confidential because the emails were sent from a company computer and the employee was informed, through...
March 11, 2014
United States Supreme Court Decision Gives California Employers Opportunity to Prevent Class Action Claims
The United States Supreme Court has ruled that federal arbitration law clears the way for arbitration agreements in California to bar claims from being brought on behalf of a class. Employment arbitration agreements can now...
March 11, 2014
California Court of Appeal Holds Undocumented Workers Cannot Pursue Discrimination and Retaliation Employment Claims
In Salas v. Sierra Chemical Co., the California Court of Appeal held that an employee not authorized to work in the United States could not pursue discrimination and retaliation employment claims. The court reasoned that the...
March 11, 2014
California Enacts New Law Prohibiting Willful Misclassification of Independent Contractors
Governor Brown signed legislation that prohibits the willful misclassification of individuals as independent contractors. The new law creates civil penalties of between $5,000 and $25,000 for each willful misclassification of...
Governor Brown has signed legislation that restricts California employers from using consumer credit information for employment purposes. The law goes into effect on January 1, 2012. Summary of the Law Effective January 1,...
March 11, 2014
California Supreme Court Issues Long-Awaited Decision Regarding Administrative Exemption
In Harris v. Superior Court, a class of insurance claims adjusters sued their employer, Liberty Mutual Insurance Company (“Liberty Mutual”), for violating Wage Order 4-2001 by misclassifying them as exempt under the...
March 11, 2014
Employers Breathe Sigh of Relief: California Supreme Court Issues Much-Anticipated Brinker Restaurant Decision
Today the California Supreme Court decided Brinker Restaurant, the long-awaited case which has important implications for the workplace about whether California law (1) requires employers to “ensure” that employees take...
The California Supreme Court held that aggrieved employees are not entitled to recover their attorney’s fees in lawsuits to obtain pay for missed meal and rest breaks. The Court also banned employers from recovering...
March 11, 2014
California Court of Appeal Upholds the Use of Class Action Waivers in Employment Arbitration Agreements
Summary of Decision In Iskanian v. CLS Transp. Los Angeles, LLC, 2012 WL 1979266 (Cal. Ct. App. June 5, 2012), the California Court of Appeal upheld the use of class action waivers in employment arbitration agreements. Such...