Confidentiality provisions are frequently included in severance agreements, as are non-disparagement provisions, which are intended to discourage former employees from making derogatory comments about their employer post-employment. On February 21, 2023, the National...
Employment Litigation
Sign on the dotted line: California employers get another win with the return of mandatory arbitration agreements
Arbitration agreements have been trending in the courts this past year, and California employers just received another win. Employers once again have the option of requiring employees and applicants to sign arbitration agreements as a condition of employment. On...
United States Supreme Court Chips Away at PAGA in New Favorable Decision for Employers
On June 15, 2022, the United States Supreme Court issued its long-anticipated decision on Viking River Cruises, Inc. v. Moriana. California employers waited for the highest court’s ruling with bated breath for potential refuge from the avalanche of PAGA actions in...
New Employment Laws for 2022
As 2021 comes to a close, we hope you all are looking forward to a prosperous and healthy new year. In an effort to help you maintain the best policies and practices, we would like to provide you with this summary of new employment laws and revisions to existing laws....
Detour Ahead: The ABC Test for Independent Contractors Now Applies to the California Trucking Industry
For decades, trucking companies have used independent contractors who drive their own trucks, known as owner-operators, to transport freight. However, this practice is now under threat in California thanks to a recent federal court decision that ruled that...
The California Supreme Court Issues an Important Decision Rejecting Use of Time Rounding Policies for Meal Periods
Last week, the California Supreme Court dealt a major blow to California employers in Donohue v. AMN Services, LLC, holding that: (1) Employers cannot engage in the practice of rounding time punches in the meal period context, because meal period provisions are...
Pregnancy Discrimination Trial in Napa Against Restaurant Group
On June 3, a pregnancy discrimination trial began in Napa County Superior Court in which a restaurant server alleged that a job transfer from her New York workplace to the company's location in Yountville fell through because of pregnancy discrimination....
Claim Against Disney for Unequal Pay
In early April, two female employees filed a lawsuit in California Superior Court in Los Angeles County against The Walt Disney Company, Walt Disney Pictures, and Hollywood Records Inc (collectively "Disney.") The allegations of the lawsuit are that Disney pays them,...
California appeals court refines applicability of ABC test
A hotly debated legal issue in California is how to determine whether a worker is an employee or an independent contractor. The answer to the question in any given situation determines what responsibilities the hiring entity has toward the worker regarding working...
A new age-discrimination theory may bring concerns for employers
A large proposed class-action lawsuit called Bradley v. T-Mobile filed in U.S. District Court in San Francisco raises a legal argument that advertising for employees on Facebook may involve illegal employment discrimination based on age. The Communications Workers of...