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The last few years have brought an increasing number of class action lawsuits filed against employers alleging non-compliance with the Fair Credit Reporting Act (“FCRA”). As part of an evolving trend of narrowly...
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This month’s key employment law cases address meal periods and payment of wages. Kaanaana v. Barrett Business Servs., Inc., 29 Cal. App. 5th 778, 240 Cal. Rptr. 3d 636 (2018) Summary: Absent valid on-duty meal period,...
December 18, 2018
California Supreme Court Clarifies the Law on Second Meal Period Waivers for Health Care Workers
On December 10, 2018, the California Supreme Court unanimously held in Gerard v. Orange Coast Memorial Medical Hospital that section 11(D) of Industrial Welfare Commission (“IWC”) Wage Order No. 5, which permits health...
This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...
December 15, 2018
Victory for Policyholders – An Insurer’s Breach of the Duty to Defend Opens Up Policy Limits
Insurance companies can no longer breach the duty to defend believing that, as long as they act in good faith, their potential liability is capped at policy limits or any costs incurred by the insured in mounting a defense....
This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage-and-hour violations. Garcia v. Border Transp....
This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks. EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018) Summary: Requiring...
This month’s key employment law cases involve the ministerial exception to employment laws and disability discrimination. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018) Summary: ...
October 3, 2018
Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions
In a major victory for ride-share company Uber Technologies, Inc. (“Uber”), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O’Connor v. Uber Technologies,...
October 1, 2018
Governor Brown Signs Several Pieces Of #MeToo Legislation Into Law, But Vetoes Others
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though...
On September 14, 2018, the National Labor Relations Board released a draft rule that would reverse the NLRB’s 2015 decision in Browning-Ferris, 362 NLRB No. 186 (2015). In Browning-Ferris, the NLRB adopted a...
August 23, 2018
AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...