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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: ...
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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...
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:...
August 7, 2018
Nevada Supreme Court Affirms That Non-Compete Agreements Must be Limited in Geographical Scope
Although rules against broad geographic restrictions in non-compete agreements may be outmoded or “hopelessly antiquated” in this digital age (see Accelerated Care Plus Corp. v. Diversicare Mgmt. Servs. Co., No....
Beyond price and service, should companies care about the janitorial service they hire? With provisions of the California Property Service Workers Protection Act taking effect on July 1, 2018, and the Labor Commissioner...
On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal “de minimis doctrine” does not apply to claims for unpaid wages under the...
This month’s key employment law cases involve payment of union dues by public employees, settlement of work-related disability claims, and rounding of time. Janus v. American Fed’n of State, County, & Mun. Employees,...
June 28, 2018
Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees
In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the...