Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate
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.
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate…
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023)
Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and…
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023)
Shauneen Militello brought a 22-count complaint against fellow co-owners of a cannabis manufacturing and distribution company, including Ann Lawrence. Lawrence moved to disqualify Militello’s counsel, arguing that Militello had improperly provided…
Wood v. Kaiser Found. Hosps., 88 Cal. App. 5th 742 (2023)
Ana Wood brought a PAGA action against her employer Kaiser for alleged failure to correctly pay for three paid sick days as required under California’s Healthy Workplaces, Healthy Families…
Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023)
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are required to provide employees who take military leave with the same non-seniority rights and benefits as colleagues…
Castellanos v. State of Cal., 2023 WL 2473326 (Cal. Ct. App. 2023)
Ride-share drivers and the Service Employees International Union sought to have Proposition 22 declared unconstitutional under the provisions governing workers’ compensation, initiative power, and separation of powers. The…
Garcia-Brower v. Nor-Cal Venture Grp., Inc., 2023 WL 2421824 (Cal. Ct. App. 2023)
The Labor Commissioner investigated alleged Labor Code violations at Nor-Cal Venture Group, Inc. and issued a wage citation for $900,000. The employer challenged the citation in an…
Armstrong v. Michaels Stores, Inc., 59 F.4th 1011 (9th Cir. 2023)
Teresa Armstrong executed an arbitration agreement with her employer Michaels Stores. After filing her claims in state court, Michaels answered, asserting its right to arbitration as an affirmative defense…
Rocha v. U-Haul Co. of Cal., 88 Cal. App. 5th 65 (2023)
Thomas and Jimmy Rocha alleged FEHA and Labor Code violations against their employer U-Haul. The brothers’ individual PAGA claims were compelled to arbitration where they subsequently lost on…
Chamber of Commerce v. Bonta, 2023 WL 2013326 (9th Cir. 2023)
A Ninth Circuit panel struck down California’s AB 51 (aka the Request Arbitration, Go to Jail Law). The law imposed civil and criminal penalties on employers that required employees…