Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023)
Pursuant to the State Public Health Officer Order of August 11, 2021, K-12 schools were required to verify the COVID-19 vaccination status of all school workers
California Employment Law Update
California Employment Law Update, published by Proskauer Rose LLP, focuses on developments in California labor and employment law. The blog covers topics such as arbitration procedures and deadlines, employee rights related to meal and rest breaks, wage and hour issues including prompt payment of accrued vacation, employment discrimination and retaliation claims, class actions, breach of contract disputes involving employee compensation, and litigation strategies including anti-SLAPP motions. It addresses both statutory and case law updates affecting employers and employees in California, providing insights on compliance, enforcement, and litigation outcomes relevant to labor and employment practitioners.
Latest from California Employment Law Update - Page 3
Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
Duran v. EmployBridge Holding Co., 92 Cal. App. 5th 59 (2023)
In 2014, the California Supreme Court determined that Private Attorneys General Act (“PAGA”) claims are immune from arbitration in Iskanian v. CLS Transp. Los Angeles, LLC – which, unsurprisingly, led
…
PAGA Debt Not Dischargeable in Bankruptcy
In re Patacsil, 2023 WL 3964908 (Bankr. E.D. Cal. June 9, 2023)
The Private Attorneys General Act (PAGA) permits aggrieved employees to file representative action to recover civil penalties for Labor Code violations. The law allocates 75% of any…
Distributors Not Liable For Unpaid Wages Of Agricultural Workers
Morales-Garcia v. Better Produce, Inc., 70 F.4th 532 (9th Cir. 2023)
Agricultural laborers who picked strawberries for several growers sued the growers’ distributors, Better Market Produce and Red Blossom Sales, alleging that the distributors were liable for unpaid wages…
Exemption of Financial Professionals From ABC Test And Retroactive Application Are Constitutional
Quinn v. LPL Fin. LLC, 91 Cal. App. 5th 370 (2023)
Alleging misclassification, John Quinn brought a PAGA action on behalf of a class consisting of securities broker-dealers and investment advisers against his employer LPL Financial. Quinn brought the PAGA…
No Final Paycheck Due After End Of Temporary Assignment
Young v. RemX Specialty Staffing, 91 Cal. App. 5th 427 (2023)
Vanessa Young worked as an employee of staffing company RemX Specialty Staffing and was temporarily assigned to work at Bank of the West. Young allegedly “verbally abused” a RemX…
No Implied Waiver Of Disqualification Of Judge For Bias Or Appearance Of Impartiality After One Year
Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023)
The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute…
Employee Who Refused To Get Flu Vaccine Was Properly Terminated
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023)
Deanna Hodges, who worked for Cedars-Sinai as an administrative employee with no patient responsibilities, refused to get vaccinated for the flu, contrary to Cedars’ policy which required all of…
Court Recognizes “Music As Harassment” While Rejecting “Equal Opportunity Harasser” Defense
Sharp v. S&S Activewear, LLC, 69 F.4th 974 (9th Cir. 2023)
Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees (including one male) filed a…
