Latest Articles

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks.  Specifically, the DLSE maintains that employees must be relieved of all duty during rest breaks, and now has taken the position that employees must be permitted to travel off-site during their ten-minute rest breaks. The DLSE also noted, “As a practical matter, however, if an employee is provided a ten minute…
Last week, in Thomsen v. Georgia-Pacific Corrugated, LLC, a federal district court in California held that an employer might have violated its obligations under California’s Fair Employment and Housing Act (“FEHA”) when it simply told an employee to return to his doctor to obtain a note outlining additional work restrictions.   The Court held that a reasonable jury could find that the employer was obligated to do more than tell the Plaintiff to go back to…
This week, in Aro v. Legal Recovery Law Offices, Inc., California Court of Appeal affirmed an intentional infliction of emotional distress award in favor of two employees who were pressured into taking a random, “on-demand” drug test. The facts Prior to the drug test at issue, the employer provided employees a revised 2011 employee manual stating, in pertinent part, that the Company reserves the right to test employees for the use of illegal drugs or…
A divided Ninth Circuit court ruled this week that California’s protections against contracts restraining employment were not explicitly limited to non-compete agreements.  Rather, the law can apply to any type of employment agreement, including settlement agreements. In Donald Golden v. California Emergency Physicians Medical Group et al., case number 12-16514, the employer and employee entered into a proposed settlement agreement.  The no-employment provision in the settlement agreement states that the employee will not continue…
On December 1, 2014, in Ferrick v. Santa Clara University (H040252), the California Court of Appeal rejected a university employee’s attempt to support her wrongful termination claim with allegations of embezzlement, tax evasion, or other alleged improprieties in public financing and real estate deals.  However, the employee successfully stated a claim for wrongful termination based on her allegation that a supervisor accepted kickbacks for placing university tenants with a private landlord, which provided a reasonable…