Labor & Employment Law Blog

The state and federal courts in California continue to closely scrutinize employment arbitration agreements even though they remain a favored means of resolving disputes.  This was evident in the recent case of Ashbey v. Archstone Property Management, in which the U.S. Court of Appeals for the Ninth Circuit held that an employee effectively waived his right to a judicial forum for his Title VII claim and ...

In 2012, Legislature enacted Labor Code section 3701.9 providing that “(a) A certificate of consent to self-insure shall not be issued after January 1, 2013, to any of the following. (1) a professional employer organization (“PEO”).  (2) A leasing employer [“LE”] …. (3) A temporary services employer [“TSE”],” and providing that “A certificate of consent to self-insure that has been ...

On April 29, 2015, the U.S. Supreme Court unanimously held that lower courts have authority to review whether the EEOC fulfilled its duty to attempt conciliation (typically through mediation with the parties) under Title VII of the Civil Rights Act of 1964. In that review, courts should narrowly consider whether the EEOC gave the employer notice and an opportunity to achieve voluntary compliance with Title ...

The new National Labor Relations Board (“NLRB”) election rules change a process that has existed for years.  Unions are waiting for April 14 to file election petitions.  Employers should take steps to understand the new rules and to be prepared to respond.

The NLRB will require posting of a notice to employees within two days of an election petition.

Employers must provide a statement of position within ...

On February 23, 2015 the Department of Labor (“DOL”) announced it will revise regulations defining spouse under the Family Medical Leave Act (“FMLA”) to recognize same-sex marriages regardless of state of residence.  These changes will take effect on March 27, 2015.

The change comes in response to the United States Supreme Court’s decision in United States v. Windsor issued on June 26, 2013.  In a ...

On February 10, 2015, the California Court of Appeal held that Industrial Welfare Commission (“IWC”) Wage Order 5 conflicts with California Labor Code section 512(a), and that the IWC exceeded its authority by creating an additional exception for second meal period waivers for health care workers.  (Gerard v. Orange Coast Memorial Medical Center, 2015 WL 535730 (2015)).

On January 21, 2015, the California Court of Appeal held that the City of Santa Monica (the “City”) did not fail to reasonably accommodate an employee, Tony Nealy, where Nealy was unable to perform the essential functions of the job and there were no alternate positions for which Nealy was qualified.  Nealy v. City of Santa Monica, (California Ct App 02/13/2015).  The court also found that the City did not have ...

In January, the California Division of Labor Standards Enforcement (the “DLSE”) issued a second set of "Frequently Asked Questions" regarding the Healthy Workplaces, Healthy Families Act of 2014, California’s new paid sick leave law (AB 1522).  The DLSE issued the following clarifications:

The California Labor Commissioner has posted Spanish and Vietnamese template sick leave posters and updated Labor Code Section 2810.5 notices pursuant to the new sick leave law, the Healthy Workplaces, Healthy Family Act of 2014.

On December 23, 2014, the California Court of Appeal held that electronic signatures on employment arbitration agreements in California may be valid, however, the court refused to enforce the particular arbitration agreement at issue because the employer failed to substantiate the employee’s electronic signature to the satisfaction of the court.  Ruiz v. Moss Brothers Auto Group, 2014 WL 7335221 (Cal. App. Ct. 4th Dist., Dec. 23, 2014).