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California Employment Law Update California businesses need to be prepared for a new law taking effect on July 1, 2008 that will change how California drivers can use their cell phones. Businesses with employee drivers in...
March 11, 2014
Court of Appeals Holds that California Employers Need Only Provide Meal and Rest Breaks Not Ensure that Employees Take Them
California Employment Law Update The plaintiffs, hourly employees of several Brinker-owned restaurants in California, filed a class action against the restaurant chain, alleging rest break violations, meal break and “early...
Edwards v. Arthur Andersen involved an employee, Raymond Edwards (“plaintiff”), of Arthur Andersen (“Andersen”) who attempted to secure employment with competitor HSBC in the midst of the collapse of...
California Employment Law Update Governor Schwarzenegger signed AB 10, which was classified as an “urgency” bill, on September 30, 2008. The bill went into effect upon the governor’s signature, modifying...
California Employment Law Update The plaintiff in McDonald v. Antelope Valley Community College, a job application for a library administrative staff position, repeatedly applied for a position with the defendant, a community...
March 11, 2014
California Employers Await Definitive Answer from California Supreme Court on Meal and Rest Break Obligations
California Employment Law Update On October 22, 2008, the California Supreme Court granted review of and de-published Brinker Rest. Corp. v. Superior Court, 165 Cal.App.4th 25 (2008), an important recent decision that...
March 11, 2014
Ninth Circuit Holds that California Labor Laws Apply to Work Performed Within California by Nonresident Employees
California Employment Law Update Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages. The plaintiffs were not residents...
March 11, 2014
California Business Establishments Cannot be Liable for Discrimination “In the Abstract”
California Business Law Update On November 18, 2008, the Fourth District Court of Appeal decided Surrey v. TrueBeginnings, et al., a case brought under the Unruh Act and the Gender tax Repeal Act (California Civil Code §§...
March 11, 2014
Court of Appeal Holds That Home Builders May Pursue Claims for Equitable Indemnity for Purely Economic Losses Under Right to Repair Act
California Construction & Business Law Update On December 2, 2008, the Fourth District Court of Appeal decided Greystone Homes, Inc. v. Midtec, Inc., et al. In a case of first impression, the court ruled that home builder...
Background Facts Plaintiff Christine Brewer (“Plaintiff”), a waitress at the Cottonwood Golf Course Restaurant (“Cottonwood”), filed suit against Cottonwood, alleging age discrimination and Labor Code violations...
California Business Law Update On December 19, 2008, the Fourth District Court of Appeal published its opinion in Cohn v. Corinthian Colleges, Case No. G038388. The case arose when the Angels Baseball club gave away...
Employment Law Update On January 29, 2009, President Obama signed into law the Ledbetter Fair Pay Act. The bill expressly overturns the United States Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber...