As concerns about the newly identified Coronavirus spread in the United States, and elsewhere around the world, employers should consider the steps they can take to prepare for potential impact to their workplace and employees. On February 5, 2020, at 9:00 AM PST, please join Proskauer’s Labor & Employment department for a webinar as we discuss potential legal risks and best practices for managing workplace concerns relating to Coronavirus and other infectious diseases. For more…

As we reported previously [here], Assembly Bill 51, which would impose criminal penalties upon employers seeking to have their employees sign arbitration agreements, has been challenged in federal court.  Today, Chief United States District Judge Kimberly J. Mueller enjoined the state from enforcing AB 51 indefinitely.  So, employers in California may request that employees and applicants sign arbitration agreements without fear of doing time in the county jail!  Chief Judge Mueller has…

We invite you to review our newly-posted January 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Church Affiliate Is Exempt From FEHA Liability, But Liable for $1.9 Million On Other Theories Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed Employer That “Mistakenly” Terminated Employee On Disability Leave May Be Liable For Discrimination Defamation and Wrongful Termination Claims Against the Los …

Ridgeway v. Walmart Inc., 2020 WL 55073 (9th Cir. 2020) In this class action, truckers for Wal-Mart alleged they should have been but were not paid for layovers, rest breaks and inspections. The district court determined and the Ninth Circuit affirmed that the time drivers spent on layovers is compensable if Wal-Mart exercised control over the drivers during those breaks – “Wal-Mart’s layover policy imposed constraints on employee movement such that employees could not…

Noori v. Countrywide Payroll & HR Solutions, Inc., 2019 WL 7183403 (Cal. Ct. App. 2019) Mohammed Noori sued his former employer for violation of Cal. Lab. Code § 226(a) (setting forth certain very specific statutory requirements for itemized wage statements) based on the fact that the wage statements identified “CSSG” as the “name of the legal entity that is the employer” even though CSSG is not listed with the California Secretary of State, but is…

Cacho v. Eurostar, Inc., 2019 WL 7180349 (Cal. Ct. App. 2019) David Cacho and Regina Silva asserted class claims against their former employer (Eurostar), alleging Eurostar violated California wage and hour laws by failing to provide employees with required meal and rest breaks and compelling to employees to work off the clock at Eurostar’s Warehouse Shoe Sale retail shoe stores in California. The trial court denied class certification to the claims on the ground that…

Global Protein Prods., Inc. v. Le, 42 Cal. App. 5th 352 (2019) Global Protein Products, Inc. (“GPP”) successfully sued its former employee Kevin K. Le for misappropriation of trade secrets, breach of contract and unfair competition and obtained a stipulated permanent injunction against him and his company from “acquiring, disclosing, using, or attempting or threatening to acquire, disclose, or use, GPP’s trade secrets” or directly or indirectly soliciting any of GPP’s customers using GPP’s trade…