Employment & Labor

Can Federal Contractors Provide D&I Training? Executive Order on Combating Race and Sexual Stereotyping Leaves Federal Contractors With No Clear Answer

By Michael E. Brewer, Susan F. Eandi, Emily Harbison & Autumn Sharp

September 26, 2020

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (“Executive Order”), following a September 4, 2020 White House memorandum criticizing federal agencies for having “divisive, un-American” training sessions on “critical race theory,” “white privilege,” and other training teaching individuals that the US or any race or ethnicity is inherently racist. The September 4 memorandum instructed federal agencies to cease the funding of any training that fit the description.…

Lancaster Law Blog

Hospitality Update – House Bill 2513 and Self-Certification

By Aaron Zeamer

September 26, 2020

It’s been another busy few days for the industry. Today’s hospitality update delves into what House Bill 2513 would and wouldn’t do, booking events with Governor Wolf’s restrictions still in limbo, and whether there’s personal liability attached to restaurant self-certification. House Bill 2513 If you recall from my previous post, House Bill 2513 is the Bill that essentially reverses many of the Governor’s restrictions since July 15 (when he reduced restaurants to 25% capacity).…

California Employment Law Report

5 Reasons to Attend My Firm’s Webinar Covering California Employment Law Updates for 2021

By Anthony Zaller

September 25, 2020

california-employment-law-report-blog-graphic-oct2-webinar

Why should you attend my firm’s webinar, “New Employment Laws Facing California Employers in 2021” taking place next Friday, October 2, 2020? Here are five reasons: A lot has taken place in 2020. It is worth one hour of your time to begin to learn about the major employment legal developments in 2020. The Governor has until September 30, 2020 to sign any new legislation for 2021. We will cover the new significant laws…

California Employment Law Update

September 2020 California Employment Law Notes

By Tony Oncidi

September 25, 2020

We invite you to review our newly-posted September 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Entitled To $17.2 Million For Wrongful Termination/Defamation “Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim Tortious Interference With At-Will Contract Requires Independently Wrongful Act Time Spent By Employees In Exit Searches Is Compensable Ashley Judd May Proceed With Sexual Harassment Claim Against Harvey …

California Employment Law Update

CUIAB Should Have Considered Additional Evidence In Support Of Unemployment Claim

By Tony Oncidi

September 25, 2020

Land v. CUIAB, 2020 WL 5200858 (Cal. Ct. App. 2020) Justin Land’s employer terminated his employment as a field service specialist based upon his “violation of company policy,” involving his failure to finish a job or return the next day to finish it because he “just forgot”; Land also gave out his personal phone number to another customer before returning to that customer’s home while off duty with his children to complete the job, and…

California Employment Law Update

Litigant’s Attorney Is Entitled To Fees As “Prevailing Party” In UTSA Case

By Tony Oncidi

September 25, 2020

Aerotek, Inc. v. The Johnson Group Staffing Co., 2020 WL 5525180 (Cal. Ct. App. 2020) The law firm Porter Scott, P.C., defended its client The Johnson Group Staffing (TJG) through two rounds of litigation against claims asserted by TJG’s chief competitor Aerotek. In the litigation, Aerotek alleged that TJG (whose founder came from Aerotek) misappropriated trade secrets by soliciting Aerotek’s customers. Aerotek lost the underlying cases and was ordered to pay prevailing-party attorney fees in…

California Employment Law Update

Trial Court Properly Refused To Certify Rest Break Class Action

By Tony Oncidi

September 25, 2020

Davidson v. O’Reilly Auto Enter., LLC, 968 F.3d 955 (9th Cir. 2020) Kia Davidson worked as a delivery specialist at one of O’Reilly’s stores in San Bernardino. In this putative class action, Davidson alleged that she and other employees did not receive their rest breaks as required by state law based upon the fact that O’Reilly’s policy documents required 10-minute rest breaks for every four hours of work but did not include the language of…

California Employment Law Update

Trial Court Properly Denied Massage Parlor’s Request For Waiver Of Bond In Wage/Hour Matter

By Tony Oncidi

September 25, 2020

Li v. Department of Indust. Relations, 2020 WL 4814112 (Cal. Ct. App. 2020) Fushan Li, the owner of four massage parlors in Lawndale, received three citations from the Labor Commissioner for violations of the state’s wage and hour laws. Citations ordering Li to pay a total of $198,576 in unpaid wages and liquidated damages were issued in 2017. After filing a petition for writ of mandate in the superior court challenging the Labor Commissioner’s decision,…

California Employment Law Update

Amount In Controversy Satisfied CAFA Minimum

By Tony Oncidi

September 25, 2020

Salter v. Quality Carriers, Inc., 2020 WL 5361459 (9th Cir. 2020) Clayton Salter, a truck driver, filed this putative class action against his employer, Quality Carriers and Quality Distribution, alleging that he and the other class members had been misclassified as independent contractors rather than employees. Quality removed the action to federal court, asserting the amount in controversy exceeded $5 million as required by the Class Action Fairness Act (CAFA). The district court granted Salter’s…

California Employment Law Update

Later-Filed, Substantially Identical PAGA Claim Was Properly Dismissed

By Tony Oncidi

September 25, 2020

Starks v. Vortex Indus., Inc., 2020 WL 5015248 (Cal. Ct. App. 2020) Chad Starks gave notice to the Labor and Workforce Development Agency (LWDA) of his allegations that his employer (Vortex) had violated certain Labor Code requirements that employers pay overtime wages and provide meal and rest periods and comply with various other requirements of the Labor Code. After the LWDA failed to respond, Starks filed a complaint alleging violations of the Private Attorneys General…