Author name: Jason Lohr

California Supreme Court holds Elected Officials Exempt from Lab. Code § 1102.5 Protections: Brown v. City of Inglewood

In Brown v. City of Inglewood,          Cal.5th           (Jul. 8, 2025), the California Supreme Court unanimously affirmed that elected city officials are not “employee[s]” under Cal. Lab. Code § 1102.6 subject to the whistleblower protections of § 1102.5.

California Supreme Court holds Elected Officials Exempt from Lab. Code § 1102.5 Protections: Brown v. City of Inglewood Read More

Court of Appeal clarifies “new evidence” and individual issues for class decertification in wage and hour claims: Allison v. Dignity Health

In Allison v. Dignity Health,          Cal.App.5th           (Jun. 26, 2025), the Court of Appeal (First Appellate District, Division Four) clarified the criteria for decertification of a class action, particularly concerning what constitutes “new evidence” and the impact of individual issues on class manageability for wage and hour

Court of Appeal clarifies “new evidence” and individual issues for class decertification in wage and hour claims: Allison v. Dignity Health Read More

Ninth Circuit clarifies evidentiary threshold for public employees’ constitutional and Title VII discrimination claims: Damiano v. Grants Pass School District No. 7

In Damiano v. Grants Pass School District No. 7, (9th Cir.)          F.3d           (Jun. 17, 2025), (Jun. 19, 2025), the Court of Appeals for the Ninth Circuit clarified the evidence needed for plaintiffs to withstand summary judgment on First Amendment, Fourteenth Amendment, and Title VII discrimination claims.

Ninth Circuit clarifies evidentiary threshold for public employees’ constitutional and Title VII discrimination claims: Damiano v. Grants Pass School District No. 7 Read More

Court of Appeal clarifies “home rule” provision in context of prevailing wage disputes: Palm Springs Promenade, LLC v. Dept. of Industrial Relations

In Palm Springs Promenade, LLC v. Dept. of Industrial Relations,          Cal.App.5th           (Jun. 17, 2025), the Court of Appeal (Fourth Appellate District, Division One) clarified the definition of a “municipal affair” under the “home rule” provision of Cal. Const., art. XI, § 5(a), holding that a development

Court of Appeal clarifies “home rule” provision in context of prevailing wage disputes: Palm Springs Promenade, LLC v. Dept. of Industrial Relations Read More

Court of Appeal clarifies arbitration agreement interpretation under Civ. Code § 1642: Silva v. Cross Country Healthcare, Inc.

In Silva v. Cross Country Healthcare, Inc.,          Cal.App.5th           (Jun. 17, 2025), the Court of Appeal (Second Appellate District, Division Five) held that an arbitration agreement must be read concurrently with an employment agreement under Civ. Code § 1642. If their combined effect creates substantively unconscionable imbalances,

Court of Appeal clarifies arbitration agreement interpretation under Civ. Code § 1642: Silva v. Cross Country Healthcare, Inc. Read More

Court of Appeal clarifies substantive unconscionability analysis for arbitration agreements: Velarde v. Monroe Operations, LLC

In Velarde v. Monroe Operations, LLC,          Cal.App.5th           (Jun. 10, 2025), the Court of Appeal (Fourth Appellate District, Division Three) held that strong evidence of procedural unconscionability coupled with misrepresentations regarding the substance of an arbitration agreement rendered the entire agreement unenforceable.

Court of Appeal clarifies substantive unconscionability analysis for arbitration agreements: Velarde v. Monroe Operations, LLC Read More

Supreme Court rejects heightened standard for “reverse discrimination” Title VII claims: Ames v. Ohio Department of Youth Services

In Ames v. Ohio Department of Youth Services, No. 22-1039, the United States Supreme Court unanimously rejected a heightened “background circumstances” evidentiary standard for members of majority groups (often termed “reverse discrimination” plaintiffs) seeking to establish a prima facie case under Title VII.

Supreme Court rejects heightened standard for “reverse discrimination” Title VII claims: Ames v. Ohio Department of Youth Services Read More

Court of Appeal rejects cost recovery against LWDA in non-participating PAGA suits: Rose v. Hobby Lobby Stores

In Rose v. Hobby Lobby Stores,          Cal.App.5th           (May 16, 2025), the Court of Appeal First Appellate District, Division Two) held that the Labor and Workforce Development Agency (LWDA) is not liable for costs in a PAGA action unless it actively participates in the litigation.

Court of Appeal rejects cost recovery against LWDA in non-participating PAGA suits: Rose v. Hobby Lobby Stores Read More

Court of Appeal holds death knell doctrine not retroactively applicable after voluntary PAGA claims dismissal: Reyes v. Hi-Grade Materials Co.

In Reyes v. Hi-Grade Materials Co.,          Cal.App.5th           (Apr. 24, 2025), (May 1, 2025), the Court of Appeal (Fourth Appellate District, Division One) held that an interlocutory order denying class certification is not retroactively appealable under the death knell doctrine when the plaintiff later voluntarily dismisses their

Court of Appeal holds death knell doctrine not retroactively applicable after voluntary PAGA claims dismissal: Reyes v. Hi-Grade Materials Co. Read More

Court of Appeal holds PAGA statute of limitations not extended by other employees’ violations: Williams v. Alacrity Solutions Group

In Williams v. Alacrity Solutions Group,          Cal.App.5th           (Apr. 24, 2025), the Court of Appeal (Second Appellate District, Division Five) affirmed that representative PAGA claims must include an individual component subject to a one year statute of limitations, which applies to violations suffered by the representative plaintiff,

Court of Appeal holds PAGA statute of limitations not extended by other employees’ violations: Williams v. Alacrity Solutions Group Read More

Court of Appeal affirms validity of prospective meal break waivers: Bradsbery v. Vicar Operating, Inc.

In Bradsbery v. Vicar Operating, Inc.,          Cal.App.5th           (Apr. 23, 2025), the Court of Appeal (Second Appellate District, Division Seven) held that revocable, prospective waivers of meal breaks for shifts between 5-6 hours are legally valid. 

Court of Appeal affirms validity of prospective meal break waivers: Bradsbery v. Vicar Operating, Inc. Read More

Court of Appeal clarifies scope of “representative” in PAGA arbitration carve-outs: Ford v. The Silver F, Inc.

In Ford v. The Silver F, Inc.,          Cal.App.5th           (Apr. 10, 2025), the Court of Appeal (Third Appellate District) addressed the definition of “representative” in the context of a PAGA arbitration carve-out.

Court of Appeal clarifies scope of “representative” in PAGA arbitration carve-outs: Ford v. The Silver F, Inc. Read More

Street scene with flower seller in Mission District, San Francisco

A Guide to Expense Reimbursement for California Employees

Sometimes employees need to pay out of pocket for their employer’s business expenses. But that doesn’t mean you should be left footing the bill. The good news for California workers is that the state has strong laws to protect you. This article explains when you’re entitled to reimbursements and what to do if your employer isn’t paying you back.

A Guide to Expense Reimbursement for California Employees Read More

Court of Appeal holds Lab. Code § 2802 not applicable to public employers: Krug v. Board of Trustees of the California State University

In Krug v. Board of Trustees of the California State University,          Cal.App.5th           (Apr. 3, 2025), the Court of Appeal (Second Appellate District, Division One) held that Lab. Code § 2802 does not require public employers to reimburse employees for work-related expenses. 

Court of Appeal holds Lab. Code § 2802 not applicable to public employers: Krug v. Board of Trustees of the California State University Read More

Colorful paper lanterns in Chinatown, San Francisco

California Labor Laws for Overtime and Double Time: An In-Depth Look

Failure to pay correct overtime affects all kinds of workers across all different industries. If your employer illegally withholds overtime pay, you can likely recover the wages you’re owed plus other potential penalties. This guide will help you understand when you’re entitled to overtime, and what to do if your employer doesn’t pay you properly.

California Labor Laws for Overtime and Double Time: An In-Depth Look Read More

Street scene with Chinese lanterns, Chinatown San Francisco

Pay Laws and Wage Claims in California: Understanding Your Rights

California’s labor laws protect workers’ rights and aim to ensure fair pay and promote healthy workplaces. Unfortunately, wage theft still occurs. This article will help you understand California’s key wage and hour laws, including minimum wage, overtime, and rest and meal break laws. Once you understand your rights, you can take better action to defend them.

Pay Laws and Wage Claims in California: Understanding Your Rights Read More

Ninth Circuit clarifies court’s authority over documents inadvertently disclosed to intervenor: Cahill v. Nike, Inc.

In Cahill v. Nike, Inc., (9th Cir.)           F.3d           (Mar. 19, 2025), the Court of Appeals for the Ninth Circuit held that a district court has the authority to order an intervenor to return or destroy confidential documents inadvertently disclosed during discovery.

Ninth Circuit clarifies court’s authority over documents inadvertently disclosed to intervenor: Cahill v. Nike, Inc. Read More

Low aerial view of Mission District, San Francisco CA

California Privacy Laws in the Workplace: Understanding Your Rights

Employers can now monitor workers, investigate applicants, and screen current employees more easily than before. Fortunately, California provides strong employee privacy protections. This guide will help you understand when an employer’s actions might cross the legal line, and what you can do to protect your rights.

California Privacy Laws in the Workplace: Understanding Your Rights Read More

Court of Appeal clarifies trial court discretion in unopposed summary judgment motions: Mandell-Brown v. Novo Nordisk Inc.

In Mandell-Brown v. Novo Nordisk Inc.,           Cal.App.5th           (Mar. 10, 2025), the Court of Appeal (Second Appellate District, Division Five) clarified the discretion of trial courts in granting summary judgment motions when no opposition is filed.

Court of Appeal clarifies trial court discretion in unopposed summary judgment motions: Mandell-Brown v. Novo Nordisk Inc. Read More

City bus and mural in Mission District, San Francisco CA

California Independent Contractor Laws (and How to Know if You’re Misclassified)

Understanding the difference between employee and independent contractor status is crucial. It impacts your rights, your pay, your benefits, and your taxes. This article explains these important legal distinctions. We’ll help you determine if you’re potentially misclassified as an independent contractor, and how to fight back against your employer.

California Independent Contractor Laws (and How to Know if You’re Misclassified) Read More

Court of Appeal affirms limits on intervention in PAGA settlements: Moniz v. Adecco USA, Inc.

In Moniz v. Adecco USA, Inc.,           Cal.App.5th           (Mar. 4, 2025), the Court of Appeal (First Appellate District, Division Four) held that PAGA does not grant a plaintiff with overlapping claims the right to intervene in or move to vacate another’s PAGA settlement, closely following Turrieta

Court of Appeal affirms limits on intervention in PAGA settlements: Moniz v. Adecco USA, Inc. Read More

Court of Appeal holds pay additive pensionability not guaranteed under Meyers-Milias-Brown Act: Serrano v. Public Employees’ Retirement System

In Serrano v. Public Employees’ Retirement System,           Cal.App.5th           (Feb. 28, 2025), the Court of Appeal (Third Appellate District) held that the Meyers-Milias-Brown Act (Cal. Gov. Code §§ 3500 et seq.) does not guarantee that additive pay received during union leave is pensionable. 

Court of Appeal holds pay additive pensionability not guaranteed under Meyers-Milias-Brown Act: Serrano v. Public Employees’ Retirement System Read More

Court of Appeal holds disability retirement denial does not trigger FEHA protections: Lowry v. Port San Luis Harbor Dist.

In Lowry v. Port San Luis Harbor Dist.,           Cal.App.5th           (Feb. 28, 2025), the Court of Appeal (Second Appellate District, Division Six) held that denial of disability retirement benefits is not an adverse employment action under FEHA. 

Court of Appeal holds disability retirement denial does not trigger FEHA protections: Lowry v. Port San Luis Harbor Dist. Read More

Court of Appeal holds individual PAGA claims must be pleaded to be arbitrable: Rodriguez v. Packers Sanitation Services

In Rodriguez v. Packers Sanitation Services,           Cal.App.5th           (Feb. 28, 2025), the Court of Appeal (Fourth Appellate District, Division One) held that courts must examine the complaint itself to determine if it includes arbitrable individual PAGA claims.

Court of Appeal holds individual PAGA claims must be pleaded to be arbitrable: Rodriguez v. Packers Sanitation Services Read More

Ninth Circuit clarifies McDonnell Douglas “similarly situated” requirement: Lui v. DeJoy

In Lui v. DeJoy, (9th Cir.)           F.3d           (Feb. 27, 2025), the Court of Appeals for the Ninth Circuit clarified the fourth element of the McDonnell Douglas test for disparate treatment claims under Title VII, specifically regarding the “similarly situated” requirement. 

Ninth Circuit clarifies McDonnell Douglas “similarly situated” requirement: Lui v. DeJoy Read More

Court of Appeal addresses severability of unconscionable provisions in arbitration agreements: Ramirez v. Charter Communications, Inc.

In Ramirez v. Charter Communications, Inc.,           Cal.App.5th           (Feb. 26, 2025), the Court of Appeal (Second Appellate District, Division Four) declined on remand to sever unconscionable portions of an arbitration agreement, holding that doing so “would not further the interests of justice.”  

Court of Appeal addresses severability of unconscionable provisions in arbitration agreements: Ramirez v. Charter Communications, Inc. Read More

Chinatown, San Francisco street crossing

A Complete Guide to Workplace Leave Laws in California

From childbirth and medical leave to jury duty and caring for sick family members, employees need to take time off work for many different reasons. But employers aren’t always supportive. Fortunately, federal and California laws protect important employee leave rights. This guide explains key job-protected leave rights available to California workers.

A Complete Guide to Workplace Leave Laws in California Read More

Court of Appeal rules order deeming arbitration waived was appealable: Arzate v. ACE American Insurance Company

In Arzate v. ACE American Insurance Company,           Cal.App.5th           (Feb. 21, 2025), the Court of Appeal (Second Appellate District, Division One) held that a court order lifting a stay and deeming a defendant’s right to arbitration waived was appealable under the functional equivalent doctrine. 

Court of Appeal rules order deeming arbitration waived was appealable: Arzate v. ACE American Insurance Company Read More

Busy street crossing, Chinatown San Francisco

Bonus Pay and Commission Laws in California: A Complete Guide

Disputes over bonus and commission pay are common. In particular, employers sometimes refuse to pay bonuses or commissions rightfully earned by employees. It’s crucial to understand your rights. You need to know how to respond if your employer illegally withholds this pay. This guide explains California’s rules for bonus and commission payments, and what to do if your employer isn’t paying you what you’ve earned.

Bonus Pay and Commission Laws in California: A Complete Guide Read More

Court of Appeal clarifies common law employment test in context of CalPERS rules: Sandhu v. Bd. of Admin. of CalPERS

In Sandhu v. Bd. of Admin. of CalPERS,           Cal.App.5th           (Feb. 19, 2025), the Court of Appeal (Third Appellate District) held that a CalPERS retiree working for a private company was a common law employee of the public agencies that company served, violating CalPERS rules.

Court of Appeal clarifies common law employment test in context of CalPERS rules: Sandhu v. Bd. of Admin. of CalPERS Read More

Outdoor grocer in Mission District, San Francisco CA

California PAGA Claims: A Complete Guide for Employees

California has a unique labor law: the Labor Code Private Attorneys General Act. PAGA allows workers to act as private attorneys general. What does this mean? Employees can sue their employers directly on behalf of themselves, other affected employees, and the State of California. This article will help you figure out if filing a PAGA claim is the right choice for your situation.

California PAGA Claims: A Complete Guide for Employees Read More

Court of Appeal addresses conscionability of arbitration agreements incorporating JAMS rules: Vo v. Technology Credit Union

In Vo v. Technology Credit Union,           Cal.App.5th           (Feb. 6, 2025), the Court of Appeal (Sixth Appellate District) held that an arbitration agreement incorporating JAMS rules was not substantively unconscionable because Rule 17(b) authorizes non-party discovery.

Court of Appeal addresses conscionability of arbitration agreements incorporating JAMS rules: Vo v. Technology Credit Union Read More

Low aerial view of Richmond District in San Francisco, CA

How to Deal With Workplace Harassment in California

If you’re facing workplace harassment, you’re likely wondering what steps you can take. This guide aims to help you understand your legal rights and choices under California law. We’ll start with a clear explanation of key laws. Then, we’ll discuss when your employer might be responsible for harassing behavior and what your legal options are.

How to Deal With Workplace Harassment in California Read More

Court of Appeal holds EFAA preempts conflicting state arbitration law: Casey v. Superior Court (D.R. Horton Inc.)

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal holds EFAA preempts conflicting state arbitration law: Casey v. Superior Court (D.R. Horton Inc.) Read More

Court of Appeal holds indemnity allowed for arbitration awards under Lab. Code § 1781: Nabors Corporate Services, Inc. v. City of Long Beach

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal holds indemnity allowed for arbitration awards under Lab. Code § 1781: Nabors Corporate Services, Inc. v. City of Long Beach Read More

Street-level view of Mission District, San Francisco with New Mission sign

The Complete Guide to California Workplace Discrimination Laws

Workplace discrimination impacts employees at all levels, from entry-level positions to senior management.  Most people know that discrimination is illegal. However, employees may not fully understand their rights. Employers may not fully recognize their responsibilities. This article aims to clarify what counts as discrimination, and what you can do to protect your rights.

The Complete Guide to California Workplace Discrimination Laws Read More

Court of Appeal clarifies limits on tort damages in wrongful termination cases: Hearn v. Pacific Gas & Electric Co.

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal clarifies limits on tort damages in wrongful termination cases: Hearn v. Pacific Gas & Electric Co. Read More

Court of Appeal upholds amended apprenticeship regulations for public works: Associated General Contractors v. Dept. of Industrial Relations

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal upholds amended apprenticeship regulations for public works: Associated General Contractors v. Dept. of Industrial Relations Read More

Court of Appeal allows fees and costs for wage and hour plaintiffs who first pursue Berman hearings: Villalva v. Bombardier Mass Transit Corp.

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal allows fees and costs for wage and hour plaintiffs who first pursue Berman hearings: Villalva v. Bombardier Mass Transit Corp. Read More

Busy Chinatown, San Francisco street scene

A Guide to California’s Labor Laws about Rest and Meal Breaks

In this article, we’ll explain who is entitled to meal and rest breaks in California. We’ll also help you determine break time amounts based on your shift length. Finally, we’ll cover key rules defining what makes breaks legally compliant or non-compliant and help you figure out what to do if your employer is illegally denying rest and meal breaks.

A Guide to California’s Labor Laws about Rest and Meal Breaks Read More

U.S. Supreme Court holds preponderance standard applicable to FLSA exemptions: E.M.D. Sales, Inc. v. Carrera

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

U.S. Supreme Court holds preponderance standard applicable to FLSA exemptions: E.M.D. Sales, Inc. v. Carrera Read More

Street scene Mission District, San Francisco CA

Wrongful Termination in California: What to Know and How to Respond

Employers in California and throughout the United States have a lot of leeway to fire workers with and without cause. Nonetheless, numerous federal and California state laws protect employees from being wrongfully terminated. We’re here to help you understand your rights and options. We’ll help walk you through what you need to know to make sense of your situation.

Wrongful Termination in California: What to Know and How to Respond Read More

Court of Appeal holds PAGA actions necessarily include individual claims subject to arbitration: Leeper v. Shipt, Inc.

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal holds PAGA actions necessarily include individual claims subject to arbitration: Leeper v. Shipt, Inc. Read More

Ninth Circuit extends ministerial exception to kosher supervisor in commercial setting: Markel v. Union of Orthodox Jewish Congregations of America

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Ninth Circuit extends ministerial exception to kosher supervisor in commercial setting: Markel v. Union of Orthodox Jewish Congregations of America Read More

Court of Appeal confirms retroactivity of attorney fee statute for pending case: Winston v. County of Los Angeles

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal confirms retroactivity of attorney fee statute for pending case: Winston v. County of Los Angeles Read More

Court of Appeal holds Labor Code trumps CCP § 998 cost recovery for defendants: Chavez v. California Collision

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal holds Labor Code trumps CCP § 998 cost recovery for defendants: Chavez v. California Collision Read More

Court of Appeal affirms McDonnell Douglas framework inapplicable to non-discrimination claims: Quesada v. County of Los Angeles

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal affirms McDonnell Douglas framework inapplicable to non-discrimination claims: Quesada v. County of Los Angeles Read More

Court of Appeal clarifies evidentiary standards for FEHA plaintiffs to defeat summary adjudication: Wawrzenski v. United Airlines

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal clarifies evidentiary standards for FEHA plaintiffs to defeat summary adjudication: Wawrzenski v. United Airlines Read More

Court of Appeal addresses preclusive effect of arbitration on PAGA standing: Rodriguez v. Lawrence Equipment, Inc.

In Rodriguez v. Lawrence Equipment, Inc.,           Cal.App.5th           (Nov. 12, 2024), the Court of Appeal (Second Appellate District, Division Three) held that an arbitrator’s findings determining an employee suffered no individual Labor Code violations can preclude plaintiffs from pursuing PAGA claims based on the same alleged

Court of Appeal addresses preclusive effect of arbitration on PAGA standing: Rodriguez v. Lawrence Equipment, Inc. Read More

Court of Appeal rules on remedies for Skelly violations and COVID-19 ordinance noncompliance: Bedard v. City of Los Angeles

In Bedard v. City of Los Angeles,           Cal.App.5th           (Nov. 4, 2024), the Court of Appeal (Second Appellate District, Division Three) held that a police officer’s refusal to comply with a COVID-19 vaccination ordinance justified her termination, even though the city violated her Skelly rights.

Court of Appeal rules on remedies for Skelly violations and COVID-19 ordinance noncompliance: Bedard v. City of Los Angeles Read More

Court of Appeal upholds contractual deference to MOU in public employment dispute: Ramirez v. City of Indio

In Ramirez v. City of Indio,           Cal.App.5th           (Oct. 14, 2024), the Court of Appeal (Fourth Appellate District, Division One) upheld the deference given to the terms of a Memorandum of Understanding (MOU) in a public employment dispute.

Court of Appeal upholds contractual deference to MOU in public employment dispute: Ramirez v. City of Indio Read More

Court of Appeal holds MOUs may not bar contract claims for public employee wages: Bath v. State of California

In Bath v. State of California,           Cal.App.5th           (Oct. 14, 2024), the Court of Appeal (First Appellate District, Division Two) held that a public employee’s right to compensation, upon completion of their work, ripens into a contractual right that can be pursued independently of Labor Code

Court of Appeal holds MOUs may not bar contract claims for public employee wages: Bath v. State of California Read More

Court of Appeal holds EFAA application precludes arbitration for all claims: Liu v. Miniso Depot CA, Inc.

In Liu v. Miniso Depot CA, Inc.,           Cal.App.5th           (Oct. 8, 2024), the Court of Appeal (Second Appellate District, Division One) held that when a plaintiff asserts at least one sexual harassment claim under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of

Court of Appeal holds EFAA application precludes arbitration for all claims: Liu v. Miniso Depot CA, Inc. Read More

Court of Appeal rules on Information Practices Act protections: Wentworth v. Regents of the University of California

In Wentworth v. Regents of the University of California,           Cal.App.5th           (Oct. 2, 2024), the Court of Appeal (First Appellate District, Division Four) held that personal information need not be “confidential” or “private” to be protected from disclosure by the Information Practices Act (IPA).

Court of Appeal rules on Information Practices Act protections: Wentworth v. Regents of the University of California Read More

Ninth Circuit rejects heightened notice requirement for compliance officers in FCA retaliation claims: Mooney v. Fife

In Mooney v. Fife, (9th Cir.)           F.3d           (Oct. 1, 2024), the Court of Appeals for the Ninth Circuit held that the McDonnell Douglas framework and Moore test apply to False Claims Act (FCA) retaliation claims, rejecting a heightened standard of notice for employees with compliance

Ninth Circuit rejects heightened notice requirement for compliance officers in FCA retaliation claims: Mooney v. Fife Read More

Court of Appeal clarifies evidentiary requirements for FEHA disability plaintiffs: Miller v. California Dept. of Corrections and Rehabilitation

In Miller v. California Dept. of Corrections and Rehabilitation,           Cal.App.5th           (Sep. 25, 2024), the Court of Appeal (Fourth Appellate District, Division Two) clarified the evidence needed for FEHA disability discrimination claims to survive summary adjudication.

Court of Appeal clarifies evidentiary requirements for FEHA disability plaintiffs: Miller v. California Dept. of Corrections and Rehabilitation Read More

Court of Appeal holds Uber not vicariously liable for driver’s negligence while offline: Kim v. Uber Technologies, Inc.

In Kim v. Uber Technologies, Inc.,           Cal.App.5th           (Sep. 24, 2024), the Court of Appeal (Second Appellate District, Division Eight) held that Uber was not vicariously liable for a driver’s negligence when the driver was not acting as an Uber driver.

Court of Appeal holds Uber not vicariously liable for driver’s negligence while offline: Kim v. Uber Technologies, Inc. Read More

Ninth Circuit holds actual pay trumps contracts in salary basis determination: Silloway v. City and County of San Francisco

In Silloway v. City and County of San Francisco, (9th Cir.)           F.3d           (Sep. 12, 2024), the Court of Appeals for the Ninth Circuit held that courts must analyze how employees are actually paid to determine whether they are compensated on a salary basis, looking beyond

Ninth Circuit holds actual pay trumps contracts in salary basis determination: Silloway v. City and County of San Francisco Read More

Ninth Circuit clarifies affirmative defense standard for FRSA retaliation claims: Parker v. BNSF Railway Company

In Parker v. BNSF Railway Company, (9th Cir.)           F.3d           (Aug. 12, 2024), the Court of Appeals for the Ninth Circuit held 2-1 that the Federal Railroad Safety Act (FRSA) prohibits employers from discharging employees “due even ‘in part’ ” to an employee’s refusal to violate

Ninth Circuit clarifies affirmative defense standard for FRSA retaliation claims: Parker v. BNSF Railway Company Read More

Court of Appeal rejects SLAPP protection in Labor Code records dispute: Taylor v. Tesla, Inc.

In Taylor v. Tesla, Inc.,           Cal.App.5th           (Aug. 12, 2024), the Court of Appeal (First Appellate District, Division Four) held that refusing to comply with a statutory records request related to pending litigation is not protected activity under the anti-SLAPP statute.

Court of Appeal rejects SLAPP protection in Labor Code records dispute: Taylor v. Tesla, Inc. Read More

California Supreme Court Holds Public Employers Exempt from Labor Code, PAGA Actions: Stone v. Alameda Health System

In Stone v. Alameda Health System,           Cal.5th           (Aug. 1, 2024), the California Supreme Court held that public employers are generally exempt from Labor Code provisions and are not subject to PAGA suits for civil penalties.

California Supreme Court Holds Public Employers Exempt from Labor Code, PAGA Actions: Stone v. Alameda Health System Read More

California Supreme Court rules coworker’s one-time slur potentially actionable in harassment claim: Bailey v. San Francisco District Attorney’s Office

In Bailey v. San Francisco District Attorney’s Office,           Cal.App.5th           (Aug. 1, 2024), the California Supreme Court held that a coworker’s single use of a racial slur can be actionable in a harassment claim and that conduct preventing an employee from reporting harassment may constitute an

California Supreme Court rules coworker’s one-time slur potentially actionable in harassment claim: Bailey v. San Francisco District Attorney’s Office Read More

California Supreme Court affirms limits on PAGA plaintiff intervention: Turrieta v. Lyft, Inc.

In Turrieta v. Lyft, Inc.,           Cal.5th           (Aug. 1, 2024), the California Supreme Court held 4-3 that PAGA plaintiffs lack standing to intervene, move to vacate judgment, or object to settlements in other PAGA cases against the same employer for the same Labor Code violations.

California Supreme Court affirms limits on PAGA plaintiff intervention: Turrieta v. Lyft, Inc. Read More

California Supreme Court rejects challenge to Proposition 22: Castellanos, et al. v. State of California, et al.

In Castellanos, et al. v. State of California, et al.,           Cal.5th           (Jul. 29, 2024), the California Supreme Court rejected a challenge to Proposition 22, holding that Bus. & Prof. Code § 7451 does not conflict with the legislature’s broad power to regulate workers’ compensation.

California Supreme Court rejects challenge to Proposition 22: Castellanos, et al. v. State of California, et al. Read More

Ninth Circuit orders dismissal of nonconvicted inmates’ Labor Code claims: Ruelas v. County of Alameda et al.

In Ruelas v. County of Alameda et al., (9th Cir.)           F.3d           (Jul. 26, 2024), the Court of Appeals for the Ninth Circuit, following a ruling by the California Supreme Court, held that nonconvicted county inmates working for a private company are not entitled to Labor

Ninth Circuit orders dismissal of nonconvicted inmates’ Labor Code claims: Ruelas v. County of Alameda et al. Read More

Ninth Circuit clarifies standards for evidence in hostile workplace environment claims: Okonowsky v. Garland

In Okonowsky v. Garland, (9th Cir.)           F.3d           (Jul. 26, 2024), the Court of Appeals for the Ninth Circuit held that offsite and third-party conduct, including social media activity, as well as non-sexual but retaliatory or intimidating conduct, must be considered in evaluating hostile work environment

Ninth Circuit clarifies standards for evidence in hostile workplace environment claims: Okonowsky v. Garland Read More

Ninth Circuit rules temporal proximity, supervisor awareness insufficient to show Title VII pretext: Kama v. Mayorkas

In Kama v. Mayorkas, (9th Cir.)           F.3d           (Jul. 19, 2024), the Court of Appeals for the Ninth Circuit held that temporal proximity between an employee’s EEO complaint and his termination, along with supervisor awareness of the complaint, were insufficient to show pretext for retaliation under

Ninth Circuit rules temporal proximity, supervisor awareness insufficient to show Title VII pretext: Kama v. Mayorkas Read More

9th Circuit rules work practice apprentice at Zen Buddhist temple subject to ministerial exemption: Behrend v. San Francisco Zen Center, Inc.

In Behrend v. San Francisco Zen Center, Inc., (9th Cir.)           F.3d           (Jul. 18, 2024), the Court of Appeals for the Ninth Circuit held that a work practice apprentice at a Buddhist temple was subject to the ministerial exception, barring his ADA claim for disability discrimination.

9th Circuit rules work practice apprentice at Zen Buddhist temple subject to ministerial exemption: Behrend v. San Francisco Zen Center, Inc. Read More

Ninth Circuit affirms FLSA de minimis rule and employer burden: Cadena v. Customer Connexx LLC

In Cadena v. Customer Connexx LLC, (9th Cir.)           F.3d           (Jul. 11, 2024), the Court of Appeals for the Ninth Circuit held that the de minimis doctrine applies to overtime claims under the Fair Labor Standards Act (FLSA), with the employer bearing the burden of proof.

Ninth Circuit affirms FLSA de minimis rule and employer burden: Cadena v. Customer Connexx LLC Read More

Ninth Circuit holds employers can use non-medical evidence to contest FMLA leave: Perez v. Barrick Goldstrike Mines, Inc.

In Perez v. Barrick Goldstrike Mines, Inc., (9th Cir.)           F.3d           (Jul. 1, 2024), the Court of Appeals for the Ninth Circuit held that employers may use evidence other than a contrary medical opinion to challenge a doctor’s certification for FMLA leave.

Ninth Circuit holds employers can use non-medical evidence to contest FMLA leave: Perez v. Barrick Goldstrike Mines, Inc. Read More

Court of Appeal rules pre-2023 egg retrieval and freezing procedures not FEHA-protected: Paleny v. Fireplace Products U.S., Inc.

In Paleny v. Fireplace Products U.S., Inc.,           Cal.App.5th           (June 28, 2024), the Court of Appeal (Third Appellate District) held that egg retrieval and freezing procedures completed before the 2023 amendment of Gov. Code § 12940 are not protected under FEHA because they are not “a

Court of Appeal rules pre-2023 egg retrieval and freezing procedures not FEHA-protected: Paleny v. Fireplace Products U.S., Inc. Read More

9th Circuit holds hiring discrimination based on U.S. citizenship prohibited under 42 U.S.C. Section 1981: Rajaram v. Meta Platforms, Inc.

In Rajaram v. Meta Platforms, Inc., (9th Cir.)           F.3d           (Jun. 28, 2024), the Court of Appeals for the Ninth Circuit held 2-1 that 42 U.S.C. § 1981 prohibits employers from discriminating against job applicants based on their U.S. citizenship.

9th Circuit holds hiring discrimination based on U.S. citizenship prohibited under 42 U.S.C. Section 1981: Rajaram v. Meta Platforms, Inc. Read More

Court of Appeal clarifies prime contractor liability for subcontractor Labor Code violations: Lusardi Construction Co v. Dept of Industrial Relations

In Lusardi Construction Co v. Dept of Industrial Relations,           Cal.App.5th           (June 26, 2024), the Court of Appeal (Fourth Appellate District, Division One) held that a prime contractor’s knowledge of its subcontractor’s Labor Code violations was sufficient to establish liability under the former Labor Code §

Court of Appeal clarifies prime contractor liability for subcontractor Labor Code violations: Lusardi Construction Co v. Dept of Industrial Relations Read More

Court of Appeal rules no CMIA violation in firing over COVID-19 test refusal: Frayo v. Martin

In Frayo v. Martin.,           Cal.App.5th           (June 25, 2024), the Court of Appeal (Sixth Appellate District) held that an employer did not violate the Confidentiality of Medical Information Act (CMIA) by terminating an employee for refusing a third-party COVID-19 test.

Court of Appeal rules no CMIA violation in firing over COVID-19 test refusal: Frayo v. Martin Read More

Ninth Circuit rejects FEHA plaintiff’s rehearing bid for insufficient evidence: Hittle v. City of Stockton

In Hittle v. City of Stockton, (9th Cir.)           F.3d           (May 20, 2024), the Court of Appeals for the Ninth Circuit, in an amended opinion, denied an FEHA plaintiff’s petition for panel rehearing and rehearing en banc due to a lack of “specific and substantial” evidence.

Ninth Circuit rejects FEHA plaintiff’s rehearing bid for insufficient evidence: Hittle v. City of Stockton Read More

Court of Appeal holds “aggrieved employees” definition unnecessary for PAGA prefiling: Ibarra v. Chuy Sons Labor, Inc.

In Ibarra v. Chuy Sons Labor, Inc.,           Cal.App.5th           (June 20, 2024), the Court of Appeal (Second Appellate District, Division Six) held that, pursuant to PAGA’s prefiling notice requirement, plaintiffs need not define “other aggrieved employees” except to nonfrivolously allege that they exist.

Court of Appeal holds “aggrieved employees” definition unnecessary for PAGA prefiling: Ibarra v. Chuy Sons Labor, Inc. Read More

9th Circuit holds unambiguous class exclusion necessary to end American Pipe tolling: DeFries v. Union Pacific Railroad Company

In DeFries v. Union Pacific Railroad Company, (9th Cir.)           F.3d           (Jun. 17, 2024), the Court of Appeals for the Ninth Circuit held that “ambiguity about the scope of a putative or certified class should be resolved in favor of tolling” for bystander plaintiffs under American

9th Circuit holds unambiguous class exclusion necessary to end American Pipe tolling: DeFries v. Union Pacific Railroad Company Read More

Court of Appeal holds “same decision” showing precludes whistleblower plaintiff relief: Ververka v. Department of Veterans Affairs

In Ververka v. Department of Veterans Affairs,           Cal.App.5th           (Jun. 7, 2024), the Court of Appeal (Third Appellate District) held that an employer’s “same decision” showing under Lab. Code § 1102.6 bars all relief for § 1102.5 whistleblower plaintiffs.

Court of Appeal holds “same decision” showing precludes whistleblower plaintiff relief: Ververka v. Department of Veterans Affairs Read More

Court of Appeal rules on permanence exception to continuing violations doctrine: Hoglund v. Sierra Nevada Memorial-Miners Hospital

In Hoglund v. Sierra Nevada Memorial-Miners Hospital,           Cal.App.5th           (May 20, 2024), the Court of Appeal (Third Appellate District) held that an employer’s ongoing inaction in response to discrimination complaints did not trigger the permanence exception to FEHA’s continuing violations doctrine.

Court of Appeal rules on permanence exception to continuing violations doctrine: Hoglund v. Sierra Nevada Memorial-Miners Hospital Read More

Ninth Circuit holds non-individual PAGA claims remain in court pending arbitration: Diaz v. Macy’s West Stores, Inc.

In Diaz v. Macy’s West Stores, Inc., (9th Cir.)           F.3d           (May 13, 2024), the Court of Appeals for the Ninth Circuit held that arbitrating an individual PAGA claim does not strip a plaintiff’s standing to pursue non-individual claims in court, and that non-individual claims may

Ninth Circuit holds non-individual PAGA claims remain in court pending arbitration: Diaz v. Macy’s West Stores, Inc. Read More

9th Circuit holds inaccurate pension statements violate ERISA: Bafford et al. v. Administrative Committee of the Northrop Grumman Pension Plan

In Bafford et al. v. Administrative Committee of the Northrop Grumman Pension Plan, (9th Cir.)           F.3d           (May 10, 2024), the Court of Appeals for the Ninth Circuit held that inaccurate pension statements violate ERISA’s disclosure requirements and are penalizable.

9th Circuit holds inaccurate pension statements violate ERISA: Bafford et al. v. Administrative Committee of the Northrop Grumman Pension Plan Read More

California Supreme Court affirms good faith defense against wage statement penalties: Naranjo v. Spectrum Security Services, Inc.

In Naranjo v. Spectrum Security Services, Inc.,           (May 7, 2024), the Supreme Court held that an employer’s good faith belief it provided accurate wage statements precludes penalties under Labor Code § 226 for “knowing and willful” omissions.

California Supreme Court affirms good faith defense against wage statement penalties: Naranjo v. Spectrum Security Services, Inc. Read More

Court of Appeal declines to expand Skelly protections: LaMarr v. The Regents of the University of California

In LaMarr v. The Regents of the University of California, ______ Cal.App.3rd _____ (Apr. 5, 2024), the Court of Appeal, Third Appellate District affirmed that the Regents of the University of California did not violate an employee’s due process rights when it failed to offer a Skelly hearing before she voluntarily accepted a demotion.

Court of Appeal declines to expand Skelly protections: LaMarr v. The Regents of the University of California Read More

Court of Appeal clarifies PAGA arbitrability delegation requirements: Mondragon v. Sunrun Inc.

In Mondragon v. Sunrun Inc.,           Cal.App.5th           (Apr. 24, 2024), the Court of Appeal (Second Appellate District, Division Seven) held that courts may decide arbitrability issues unless the arbitration agreement “clearly and unmistakably” delegates that authority to the arbitrator.

Court of Appeal clarifies PAGA arbitrability delegation requirements: Mondragon v. Sunrun Inc. Read More

California Supreme Court holds nonconvicted county inmates exempt from minimum wage and overtime: Ruelas v. County of Alameda et al.

In Ruelas v. County of Alameda et al.,           Cal.5th           (Apr. 23, 2024), the California Supreme Court held that nonconvicted county inmates working for a private company in a county jail are not entitled to minimum wage or overtime.

California Supreme Court holds nonconvicted county inmates exempt from minimum wage and overtime: Ruelas v. County of Alameda et al. Read More

Ninth Circuit holds hostile work environment claims assertable under ADA and Rehabilitation Act: Mattioda v. Nelson

In Mattioda v. Nelson, (9th Cir.)           F.3d           (Apr. 23, 2024), the Court of Appeals for the Ninth Circuit held that hostile work environment claims are cognizable under the Rehabilitation Act of 1973 and clarified the standard for evaluating such claims.

Ninth Circuit holds hostile work environment claims assertable under ADA and Rehabilitation Act: Mattioda v. Nelson Read More

Court of Appeal holds individual claims not prerequisite for PAGA actions: Balderas v. Fresh Start Harvesting, Inc.

In Balderas v. Fresh Start Harvesting, Inc.,           Cal.App.5th           (Apr. 22, 2024), the Court of Appeal (Second Appellate District, Division Six) held that aggrieved employees may bring representative PAGA claims even if they do not file an individual cause of action.

Court of Appeal holds individual claims not prerequisite for PAGA actions: Balderas v. Fresh Start Harvesting, Inc. Read More

Court of Appeal rules on FEHA administrative exhaustion requirement: Kuigoua v. Department of Veteran Affairs

In Kuigoua v. Department of Veteran Affairs.,           Cal.App.5th           (Apr. 19, 2024), the Court of Appeal (Second Appellate District, Division Eight) held that a FEHA plaintiff who presented substantially different facts at trial than those submitted in his charge to the DFEH and EEOC failed to

Court of Appeal rules on FEHA administrative exhaustion requirement: Kuigoua v. Department of Veteran Affairs Read More

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