Starting at the end of 2020/early 2021, many California cities codified supplemental COVID-related paid sick leave, providing benefits beyond the state’s COVID-19 Supplemental Paid Sick Leave (“2022 SPSL”). Although...
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December 8, 2022
Key California Employment Law Case Summaries: September, October, and November 2022
Camp v. Home Depot U.S.A. Inc., 84 Cal. App. 5th 638 (2022) Summary Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for...
November 30, 2022
Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend
Last year, the Texas Supreme Court adopted a narrow exception to the state’s eight-corners rule, and allowed the consideration of extrinsic evidence to determine the duty to defend. The exception arguably raised more...
The California Court of Appeal issued a decision this week that could spell the end of time rounding in California. In Camp v. Home Depot U.S.A. Inc., No. H049033, 2022 WL 13874360 (Oct. 24, 2022), the court held that, where...
October 25, 2022
New California Law Prevents Employers From Taking Action Against Employees Based Solely on Cannabis Use Away From Work
Drug screenings form a routine part of many hiring processes, but a new law may require employers to review this practice. The law, AB 2188, signed by Gov. Gavin Newsom on Sept. 18, 2022, amends the California Fair Employment...
Time to update your employee handbooks. Governor Newsom has signed AB 1949, making California one of the few states to mandate bereavement leave for employees, effective Jan. 1, 2023....
September 30, 2022
Article Update: California Expands Pay Transparency and Data Reporting Requirements
Update 01/19/2023: The California Civil Rights Department has updated its Frequently Asked Questions page regarding pay data reporting to reflect the new requirements flowing from SB 1162. In 2017, California led the nation...
Introducing: the California Civil Rights Department No, this is not a new government agency. Rather, the Department of Fair Employment and Housing (DFEH) was rebranded as the Civil Rights Department, or CRD, to more...
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Summary: To obtain a workplace violence restraining order, an employer must produce evidence of a knowing and willful statement or course of conduct...
September 8, 2022
NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies
On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a...
Meda v. AutoZone Inc., No. B311398, 2022 WL 2813819 (Cal. Ct. App. July 19, 2022) Summary: Where an employer has not expressly advised its employees that they may use a seat during their work and does not place seats at the...
The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...