The California Court of Appeal’s decision in Hernandez v. Sohnen Enterprises clarifies that the FAA preempts California Code of Civil Procedure Section 1281.97, which allows employees to withdraw from arbitration if the employer fails to pay fees on time, when
California Employment Law Blog
The California Employment Law Blog, published by Castle Law: California Employment Counsel, PC, focuses on legal issues affecting workers in California. It covers topics such as workplace rights related to drinking water and sanitation, minimum wage compliance and related court rulings, whistleblower protections against employer retaliation, and new safety regulations for domestic workers. The blog addresses practical concerns about employer obligations under California labor laws, including wage and hour disputes, workplace safety standards, and protections for employees who report violations. It provides guidance on legal recourse and compliance with state-specific employment regulations.
Latest from California Employment Law Blog - Page 5
PAGA Update: What You Need to Know About Arbitrating Individual Claims
The Private Attorneys General Act (PAGA) grants California employees the authority to pursue civil penalties for labor violations. The recent Ninth Circuit case, Johnson v. Lowe’s Home Centers, LLC (2024), underscores that employees may be compelled to arbitrate individual PAGA…
Understanding Religious Discrimination Under Title VII and FEHA: Lessons from Ronald Hittle v. City of Stockton
The case of Ronald Hittle v. City of Stockton illustrates the importance of adhering to Title VII and FEHA guidelines to prevent religious discrimination in employment, highlighting the necessity for employers to provide legitimate, nondiscriminatory reasons for termination.
California Supreme Court Allows Good Faith Defense in Wage Statement Cases
The California Supreme Court ruled in Naranjo v. Spectrum Security Services, Inc. that meal break premiums are wages that must be reported on wage statements, but employers acting in good faith, despite being mistaken, are shielded from penalties for “knowing…
United States Supreme Court: Subtle Job Changes Can Be Discriminatory Under Title VII
With Muldrow v. City of St. Louis, the United States Supreme Court has determined that under Title VII, any job transfer that adversely affects an employee’s terms or conditions of employment due to their sex can be considered discrimination, regardless…
Mondragon v. Sunrun, Inc.: PAGA and the Need for Precision in Arbitration Agreements
In Angel Mondragon v. Sunrun Inc., the California Court of Appeal affirmed the necessity for precise language in arbitration agreements, upholding the exclusion of all PAGA claims from arbitration based on the agreement’s explicit terms.
PAGA Claims Without Individual Lawsuits: Lessons from Balderas v. Fresh Start
In Lizbeth Balderas v. Fresh Start Harvesting, Inc., the California Court of Appeal reversed a lower court ruling, affirming that under PAGA, employees can pursue representative actions for labor violations without an individual claim, challenging the U.S. Supreme Court’s interpretation…
The Power of Agreement: Ninth Circuit Validates Arbitration Clauses Between Businesses
The Ninth Circuit Court of Appeals in Fli-Lo Falcon, LLC v. Amazon.com, Inc. has affirmed the enforceability of arbitration agreements in commercial contracts between businesses, clarifying that the Federal Arbitration Act’s “transportation worker exemption” does not apply to business entities.
Clarifying Compensation: Why Stock Options Aren't Wages According to Shah v. Skillz, Inc.
In Gautam Shah v. Skillz Inc. (2024), the California Court of Appeal determined that stock options do not constitute “wages” under the California Labor Code, a decision with significant implications for the technology and startup sectors where such options are…
AB 2751: The Implications of California's Proposed "Right to Disconnect" Bill
Assembly Bill (AB) 2751 in California seeks to grant workers a “right to disconnect” by mandating clear work hour definitions and limiting after-hours communications. Critics, however, worry it may lead to inflexibility for both employers and employees.