It’s that time again to take a look at just some of the employment-related bills that are pending in the California Legislature. Most employers are still reeling from the historic paid sick leave bill that became effective July 1, 2015. However, there are a few bills that are steadily making their way through the Assembly and Senate that bear review … Read More
Good news for employers – the court recently ruled that an employee’s claimed inability to work under a supervisor because of anxiety and stress arising out of the supervisor’s standard oversight of job performance is not a disability recognized in California’s Fair Employment and Housing Act (FEHA).
In Higgins-Williams v. Sutter Medical Foundation 237 Cal.App.4th 78 (2015), the employee told … Read More
On March 11, 2015, a California District Court held that whether or not Lyft drivers are legally employees rather than independent contractors will be decided by the jury. Cotter v. Lyft, Inc., CV13-04065 (N.D. Cal.)
Although there is a rigorous test consisting of numerous factors that can help determine whether or not an individual is an employee versus an … Read More
In Castaneda v. Ensign Group, Inc., (2014) 229 Cal.App.4th 1015, plaintiff, a former employee of Cabrillo Rehabilitation and Care Center (“Cabrillo”), filed a class action against Cabrillo’s parent company, The Ensign Group, Inc. (“Ensign”) for nonpayment of minimum wages and overtime wages.
The employee alleged that the parent corporation was his employer because: (1) it owned and controlled Cabrillo; … Read More
Employment related legislation was big in 2014. The Legislature once again passed a number of pro-employee bills that are worth reading about. While this list is not exhaustive, it provides an overview of the key legislation employers should be aware of. In case you are tempted to skip this article, remember that the State of California expects employers to know … Read More
An issue that sometimes arises in the employment cases we handle concerns whether an employer/employee relationship really exists between the parties. The reason this comes up is because the employee sues not only the employer, but also all of the companies who are affiliated with the employer, such as parent companies, franchisors, or other businesses owned by the same family. … Read More
On August 12, 2014, the California Court of Appeal issued a sweeping opinion in Cochran v. Schwan’s Home Services, Inc. (2014) 228 Cal.App.4th 1137. The Court discussed the issue of whether an employer must reimburse an employee for the reasonable expense of mandatory use of a personal cell phone for work purposes, or whether the reimbursement obligation is limited to … Read More
On September 10, 2014, Governor Brown signed AB 1522 otherwise known as the Healthy Workplaces, Healthy Families Act of 2014.
Specifically, the Act amends Labor Code § 2810.5 to provide that an employee who, on or after July 1, 2015, works in California for 30-days or more within a year from the commencement of employment is entitled to paid sick … Read More
On May 29, 2014, the California Supreme Court issued its highly anticipated decision in Duran v. U.S. Bank Nat’l Assoc., (2014) 59 Cal.4th 1, making clear that before a court can certify a class action, it should require the plaintiff to have a trial plan addressing manageability of the class claims.
The class in Duran was a group of … Read More
On June 23, 2014, the California Supreme Court issued a long awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC (2014 WL 2808963). Long awaited is an understatement, as the underlying case was filed in 2006. The issue of whether class action waivers in arbitration agreements are enforceable has been ruled on differently by several courts over the past … Read More