Labor & Employment Law Blog

The minimum wage rates in 10 localities in California are set to increase effective July 1, 2017.  The increases are as follows:

• Emeryville: $14.00 per hour (for employers with 55 or fewer employees); $15.20 per hour (for employers with 56 or more employees).
• Milpitas: $11.00 per hour
• San Francisco: $14.00 per hour
• San Jose: $12.00 per hour
• San Leandro: $12.00 per hour
• Los Angeles (City): $12.00 per hour (for ...

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.

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 ...