News & Insights

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:...

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: ...

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,...

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...

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...

This month’s key employment law cases address the recording of small increments of work time, arbitration agreements and workplace harassment. Troester v. Starbucks Corp., 235 Cal. Rptr. 3d 820 (2018) Summary: ...

The Salary History Ban As Payne & Fears LLP previously reported, in October 2017 Governor Jerry Brown signed into law Assembly Bill 168 which amended California’s Equal Pay Act to prohibit California employers from:...