Labor & Employment Law Blog

Two recent decisions by California courts concluded employees who signed pre-dispute arbitration agreements with their employers could not be compelled to arbitrate their individual PAGA (the Private Attorney’s General Act of 2004 [Labor Code section 2698, et seq.]) claims against their employer.

On February 8, 2017, the Supreme Court announced it will schedule oral arguments in its review of class action waivers in the 2017 Supreme Court session, which starts in October.  In January, the Court announced it would review three cases involving whether class action waivers that are required as a condition of employment in individual employee arbitration agreements violate federal labor law.

In 2012, the ...

On January 13, the California Court of Appeal issued a decision in favor of an employee of San Diego Miramar College who was released for “job abandonment” while out on medical leave. The court reversed the trial court’s judgment in favor of the College, holding a reasonable fact-finder could conclude the College retaliated against the employee for taking medical leave protected under the California ...

On December 13, 2016, the Los Angeles City Deputy City Clerk posted the final Fair Chance Ordinance signed by Mayor Eric Garcetti.  The posting clarifies that the Ordinance will take effect January 22, 2017.  For more information on the Ordinance, please click here to see our previous entry.

On November 14, 2016, the U.S. CIS published its new I-9 form.  Employers may immediately begin using the new form for new hire and reverifications, and must stop using the old form (version “03/08/13” in the lower left corner) by January 21, 2017. Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired ...

In late August, 2016, the Berkeley City Council approved a new sick leave ordinance that will take effect October 1, 2017.  The City Council also approved scheduled increases to the City minimum wage.  Until now, it was unclear whether the minimum wage and sick leave rules the City Council implemented would be altered by competing measures on the City ballot.  On Tuesday, November 8, 2016, voters in Berkeley voted ...

The California Court of Appeal last week held that California employers are not required to list the value of accrued vacation on wage statements provided to employees.  Soto v. Motel 6 Operating L.P. (2016) __Cal.Rptr.3d__, 2016 WL 6123927 (Fourth District).

On August 3, 2016, the San Diego City Council approved an Implementing Ordinance [link: http://www.sandiego.gov/sites/default/files/tr_sd_minwageordinance_o-20706_20160805.pdf] amending several provisions of San Diego’s sick leave law.  The Implementing Ordinance takes effect September 2, 2016.

Below is a summary of key points of the Implementing Ordinance.

• Employers may cap an ...

The U.S. Department of Labor (“DOL”) recently issued regulations requiring employers to post a revised Federal Minimum Wage poster and a revised Federal Employee Polygraph Act poster effective August 1, 2016.

The Federal Minimum Wage Poster now includes a section describing the rights of nursing mothers under the FLSA. It also discusses independent contractor misclassification and includes the ...

On July 25, 2016, the judge in Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107) denied Nisei Farmers League’s motion for preliminary injunction.  Accordingly, the temporary restraining order against the enforcement of the filing deadline to participate in the AB 1513 (codified as Labor Code section 226.2) “safe harbor” expired.  The deadline ...