• 11.01.18

    DFEH Documents Increased Complaints in 2017 Litigation Report

    What has the Department of Fair Employment and Housing (DFEH) been up to?

  • 10.17.18

    Drivers’ Class Action Against Uber Crashes Into Arbitration

    Uber drivers seeking to be classified (and compensated) as employees and not independent contractors were dealt a blow by the U.S. Court of Appeals, Ninth Circuit when the federal appellate panel reversed class certification and ordered the drivers to arbitration.

  • 10.08.18

    California Governor Signs Bills Aimed at Preventing Workplace Harassment

    On September 30, 2018, Governor Brown signed a bill prohibiting the inclusion of confidentiality provisions in settlement agreements in cases and administrative actions involving sexual harassment, as well as other sexual offenses, while allowing the claimants in such actions to retain the right to ...

  • 09.20.18

    California Legislature Keeps Employers Busy

    The California legislature did not slow down over the summer months, passing several employment-related bills and sending them to Governor Jerry Brown’s desk for a signature.

  • 08.22.18

    Employer Violated ADA by Firing Diabetic Employee

    An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash register during hypoglycemic episodes, the U.S. Court of Appeals for the Sixth Circuit has affirmed.

  • 08.16.18

    California Supreme Court Rejects De Minimis Doctrine

    Answering a certified question from the U.S. Court of Appeals, Ninth Circuit, the California Supreme Court declared that the Fair Labor Standards Act (FLSA) de minimis doctrine does not apply to the state’s wage and hour rules and regulations.

  • 08.09.18

    Fifth Circuit Pins Down Insignia Ban

    The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of the National Labor Relations Act (NLRA), and held that In-N-Out Burger failed to overcome the presumption that a blanket ban on insignia ...

  • 08.03.18

    New York AG Hits Employer With $120K Fine for Violations

    The New York attorney general settled with an international retailer for violations of both the state and city “ban the box” laws for $120,000 in penalties and costs.

  • 06.27.18

    Employers Score Insurance Coverage From California Supreme Court

    In a victory for employers, the California Supreme Court ordered an insurer to provide coverage to a policyholder facing a negligent hiring, retention and supervision lawsuit.

  • 06.18.18

    Court Rules: PAGA Claim Doesn’t Require Injury

    A Private Attorneys General Act (PAGA) claim based on the failure to provide and maintain accurate wage statements as required by the California Labor Code does not require proof of injury, a California appellate panel has ruled.



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