Labor & Employment Law Blog

On November 21, 2014, a California Appellate Court ruled that an employer may not retaliate against an employee suspected of disclosing a violation of law to a governmental agency, even if it is later discovered that the employee did not in fact report a violation.  (Diego v. Pilgrim United Church of Christ, D063734.)

The decision arises out of Cecilia Diego’s suit against Pilgrim United Church of Christ for ...

The California Labor Commissioner has posted a template sick leave poster and an updated Labor Code Section 2810.5 notice pursuant to the new sick leave law, the Healthy Workplaces, Healthy Family Act of 2014. See AALRR Alert -  Governor Signs Healthy Workplaces, Healthy Families Act of 2014: Paid Sick Days To Be Provided To Nearly All California Employees Effective July 1, 2015.

The California Supreme Court has denied the petition for review in Sheet Metal Workers' International Association Local 104 v. Duncan (Russ Will Mechanical), 229 Cal.App.4th 192 (August 27, 2014). This result affirms the Court of Appeal decision. AALRR published its comprehensive analysis of the case and the issue of off-site fabrication on September 3, 2014.

On October 9, 2014, the Department of Labor’s Wage and Hour Division (“DOL”) announced that it will not bring enforcement actions for six months, from January 1 to June 30, 2015, against employers for violations of the 2013 Final Rule as to minimum wage and overtime protections for Home Care Workers.  From July 1, 2015 to December 31, 2015, the DOL “will exercise prosecutorial discretion in determining ...

Bankruptcy Judge Christopher Klein rocked California’s Public Employees Retirement System (“CalPERS”) on October 1, 2014, verbally ruling that the City of Stockton may reduce pension payments in bankruptcy like its other debts. However, Judge Klein declined to issue a final ruling on Stockton’s bankruptcy plan, preferring to “reflect more carefully” until the parties’ next scheduled ...

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, which will require California employers to provide to nearly all employees — exempt and non-exempt — paid sick days effective July 1, 2015.

The Basics: With limited exceptions, beginning July 1, 2015, every employee, whether exempt or non-exempt, who is employed in California for 30 days or more ...

On September 2, 2014, a California appellate court upheld an order requiring a college math professor to undergo a “fitness for duty examination” (“FFD”) based on behavior that his colleagues considered erratic and threatening in nature.  The court also rebuffed the efforts of the professor’s attorneys to interject themselves into the workplace dispute by placing conditions on the FFD.  The ...

On August 12, 2014, the California Court of Appeal issued a ruling that requires California employers to reimburse their employees a “reasonable percentage” of their cell phone bill when they are required to use their personal cell phones for work-related purposes.  (Cochran v. Schwan’s Home Service, Inc., Case No. BC449547.)

This decision arises out of a putative class action filed against Home ...

In Patterson v. Domino’s Pizza, LLC., the California Supreme Court addressed the issue of whether a franchisor, such as Domino’s Pizza, LLC., can be held vicariously liable for claims of alleged sexual harassment by an employee of a franchisee, such as an individually owned Domino’s Pizza store.  The court framed the issue as follows:  “Does a franchisor stand in an employment or agency relationship with the franchisee and its employees for purposes of holding it vicariously liable for workplace injuries allegedly inflicted by one employee of a franchisee while supervising another employee of the franchisee?”  The court held a franchisor is not vicariously liable for claims of alleged workplace torts by employees of a franchisee unless. . . .

On August 15, 2014, California Governor Jerry Brown signed Senate Bill 1034 (“SB 1034”), which, effective January 1, 2015, repeals the 60-day waiting period limit imposed on certain health insurance plans in California.  2012 legislation, Assembly Bill 1083 (“AB 1083”), imposed a 60-day waiting period limit effective in 2014, which conflicted with the federal Affordable Care Act’s ...