Labor & Employment Law Blog

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.

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 ...

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 ...

On September 2, 2014, a California appellate court upheld an order requiring a college math professor to undergo a “fitness for duty examination” (“FFD”) based on behavior that his colleagues considered erratic and threatening in nature.  The court also rebuffed the efforts of the professor’s attorneys to interject themselves into the workplace dispute by placing conditions on the FFD.  The ...

On August 12, 2014, the California Court of Appeal issued a ruling that requires California employers to reimburse their employees a “reasonable percentage” of their cell phone bill when they are required to use their personal cell phones for work-related purposes.  (Cochran v. Schwan’s Home Service, Inc., Case No. BC449547.)

This decision arises out of a putative class action filed against Home ...

In Patterson v. Domino’s Pizza, LLC., the California Supreme Court addressed the issue of whether a franchisor, such as Domino’s Pizza, LLC., can be held vicariously liable for claims of alleged sexual harassment by an employee of a franchisee, such as an individually owned Domino’s Pizza store.  The court framed the issue as follows:  “Does a franchisor stand in an employment or agency relationship with the franchisee and its employees for purposes of holding it vicariously liable for workplace injuries allegedly inflicted by one employee of a franchisee while supervising another employee of the franchisee?”  The court held a franchisor is not vicariously liable for claims of alleged workplace torts by employees of a franchisee unless. . . .