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This month’s key California employment law cases involve wage-and-hour discrimination in employment. Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) Summary: Term...
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This month’s key California employment law cases involve wage and hour, discrimination in employment, and insurance coverage. ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019)...
This month’s key California employment law case involves arbitration of employment disputes. OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) Summary: Mandatory arbitration agreement may be...
October 15, 2019
Employers No Longer Able to Require Arbitration Agreements As Condition of Employment
Update Feb. 21, 2023 On Feb. 15, 2023, the Ninth Circuit issued an opinion affirming the District Court’s preliminary injunction on the grounds that AB 51 is preempted by the FAA. For more on that decision, please see our...
October 15, 2019
California Legislature Extends Statute of Limitations for Fair Employment and Housing Act Claims to Three Years
On October 10, 2019, Governor Gavin Newsom signed AB 9 into law, extending the statute of limitations for claims under the California Fair Employment and Housing Act (“FEHA”), California’s comprehensive...
Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...
The California Court of Appeal recently ruled that a “wage-and-hour” exclusion in an employment practices liability insurance (“EPLI”) policy must be narrowly interpreted to extend coverage for...
September 26, 2019
California Supreme Court Strikes Blow to Insurers’ Choice-of-Law Provisions
The California Supreme Court has struck a blow to insurers’ attempts to contract out of more policyholder friendly jurisdictions, holding that the notice-prejudice rule is a fundamental public policy. Pitzer College v....
September 12, 2019
Governor Signs AB5 Into Law — Reshaping California’s Independent Contractor Classification Landscape
Today, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. AB5 enacts...
September 9, 2019
California Supreme Court Casts Doubt on Arbitration Agreements that Require Civil Litigation Procedures for Wage Claims
On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the...
This month’s key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure. Rodriguez v. Nike Retail Servs., 928 F.3d 810 (9th Cir. 2019)...
This month’s key California employment law cases involve EEOC charges, disability discrimination, and meal breaks. Fort Bend County, Texas v. Davis, 139 S. Ct. 1843 (2019) Summary: Title VII’s charge-filing...