Labor & Employment Law Blog

On May 16, 2017, the Court of Appeals held that a company that obtains workers from a temporary staffing agency can enforce the arbitration agreement entered into between the temporary workers and the staffing agency.  See Garcia v. Pexco, LLC, No. G052872, 2017 WL 1435788 (Cal. Ct. App. Apr. 24, 2017).

The United States Supreme Court recently ruled that an appellate court must review a district court’s decision whether to enforce a subpoena issued by the EEOC under an abuse of discretion standard rather than de novo review which provided no deference to the district court’s decision.  McLane Co. v. the Equal Employment Opportunity Commission, 137 S. Ct. 1159 (2017).

Facts and Procedural Background

In ...

Many employers purchase Employment Practices Liability Insurance (“EPLI”) polices to protect themselves against employment-related lawsuits by current or former employees or job applicants, such as claims of alleged discrimination, harassment, retaliation, and wrongful termination.

The “Claims Made and Reported” Time Trap.

EPLI policies are often written on a “claims made and ...

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.

Recently, after years of litigation, the California Court of Appeal published its decision approving See’s Candy Shops, Inc.’s (“See’s”) rounding and grace-period policies.  (Silva v. See’s Candy Shops, Inc. (2016) 7 Cal. App. 5th 235).

The court previously approved See’s rounding policy in 2012, in See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, but left open the ...

Recently, the California Department of Industrial Relations (“DIR”) published two FAQs addressing minimum wage increases under California law to assist employers with the implementation of the new rates going into effect between 2017 and 2023.

As of January 1, 2017, the State minimum wage increased to $10.50 per hour for employers with 26 or more employees.  The State minimum wage remains at $10.00 per ...

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 ...

Earlier this year, voters in San Francisco approved amendments to the San Francisco Paid Sick Leave Ordinance in an effort to streamline the Ordinance’s provisions with that of the California sick leave law.  The changes to the San Francisco law take effect January 1, 2017.

Among the revisions to the Ordinance are the following provisions:

• Explicitly recognizes front-loading sick leave, which it labels ...

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.