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This month’s key California employment law cases involve recovery of attorney’s fees by a prevailing defendant and the California Labor Code Private Attorneys General Act (“PAGA”). Lopez v. Routt, 17 Cal. App. 5th...
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December 21, 2017
Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor Standards Act
In a case of first impression in the Ninth Circuit, Benjamin v. B&H Educ., Inc., 877 F.3d 1139 (9th Cir. 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether vocational...
In the final days of 2017, the National Labor Relations Board (NLRB) nixed yet another Obama-Era decision, overruling a highly controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934...
December 16, 2017
NLRB Delivers Big Win for Employers by Overturning Controversial Obama-Era Joint Employer Test
Employers should breathe a sigh of relief. On December 14, 2017, the National Labor Relations Board overturned the dramatic expansion of the joint employer test it established just two years ago in the controversial...
December 16, 2017
Nevada Supreme Court Holds that Employees Have a Private Right of Action for Unpaid Wages
In a case of first impression in Nevada, Neville v. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 95 (Dec. 7, 2017), the Nevada Supreme Court held that employees have a private right of action to recoup unpaid wages under...
This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings. Disability Discrimination – Neufeld v. WinCo Holdings,...
A California Court of Appeal has confirmed that additional insured endorsements (“AIE”) granting coverage for liability arising out of a named insured’s “ongoing operations,” and in effect during those “ongoing...
The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in the workplace. Under current law, employers with 50 or more employees must provide at least two hours of prescribed...
Expanding California’s efforts to not cooperate with federal immigration authorities, Assembly Bill 450 imposes new requirements on employers when responding to government immigration worksite enforcement actions. The new...
Assembly Bill 1008 broadens the current “ban the box” law beyond public employers to apply to private employers. The new law makes it an unlawful employment practice for public and private employers with five or more...
October 16, 2017
California Supreme Court Rules that Brandt Fees Must Be Included in the Calculation of Punitive Damages
The California Supreme Court has confirmed that the attorneys’ fees an insured is compelled to incur due to a carrier’s bad faith (its “Brandt fees”) are compensatory damages to be considered when...
This month’s key California employment law cases involve wage-and-hour issues, arbitration, and employment discrimination based on marital status. Wage and Hour – Lopez v. Friant & Assocs., LLC, 2017 WL 4251126 (Cal....