Governor Gavin Newsom Signs AB 749. No Rehire Clauses in Settlement Agreements Are Now Banned in Cal
With Governor Newsom signature on Assembly Bill 749, California now bans "no rehire" clauses in employment settlement agreements. The...
Jury Instructions and Retaliation Claims Under Labor Code § 1102.5(c).
The Second Appellate District held earlier this month that to prevail on a claim for a violation of Labor Code §1102.5(c), a plaintiff...
California Appellate Court Issues Ruling Concerning "Regular Rate of Pay" and "Roundi
The California Court of Appeals recently addressed the following two issues: (1) Under the California Labor Code, does “regular rate of...
The Ninth Circuit Holds that Under California Common Law a Franchisor Cannot be Classified as an Emp
The Ninth Circuit has held that under California common law, a franchisor cannot be classified as an employer of its franchisees’...
Court of Appeal Determines that the Civil Service Commission Abused its Discretion in Reducing the D
A deputy sheriff’s failure to report two incidents of abuse of an inmate constituted an inexcusable neglect of his duty to safeguard the...
Ramifications if the employer does not have a written agreement that includes an on-duty meal period
At-will, on-call, hourly, nonexempt employees who are paid for on-duty meal periods are also entitled to premium wages if the employer...
California appellate court sets standard for comparator evidence in discrimination cases
For comparator evidence to be probative in an employment discrimination case, all that is required is for the comparator, who was treated...
A Prospective Employee Cannot Bring a Common Law Failure to Hire Claim.
Failing to hire a prospective employee based on race violates public policy, but the employer will not have committed a tort against the...
The U.S. Department of Labor's recently announced final rule makes 1.3 million American workers
The U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor...
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS FOR THE WEEK ENDING AUGUST 31, 2019 -- CLAIMS INCREASE FROM THE
In the week ending August 31, the advance figure for seasonally adjusted initial claims was 217,000, an increase of 1,000 from the...