Labor & Employment Law Blog

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).

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 ...