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Jackson Lewis’ Heath Havey will be speaking  on “Talent Mobility: Cross-Border Employment Law Issues + Compliance” at the October 1, 2014 Innovative Global Business Strategy: Utilizing Strategic Talent Mobility to Add Value to Your Workforce Conference in San Diego.

Whether you are the CEO, CMO, CHRO, VP of HR, HR practitioner, head of a function…

While reversing summary judgment in favor of a holding company, in Castaneda v. The Ensign Group B249119 (Cal. Ct. App. Sep. 15, 2014), the California Court of Appeal held that a “corporation with no employees [that] exercises some control over [a] corporation with employees, [] may be the employer of the employees of the corporation it owns.” In doing so, the Court found that there were triable issues of material fact whether the holding company that alleged it had no employees, The Ensign Group, Inc., was the plaintiff’s employer.
Continue Reading California Court of Appeal Holds That A Holding Company With No Employees May Be Vicariously Liable For Alleged Wage and Hour Violations of a Subsidiary

The California Labor Code’s Section 1102.5(b) whistleblower protections are not limited to the first employee reporting alleged misconduct, the California Court of Appeal has ruled, affirming a judgment in favor of a deputy sheriff on his whistleblower retaliation claim. Hager v. County of Los Angeles, No. B238277 (Cal. Ct. App. Aug. 19, 2014).

The…

AB 2053 (click for California new law) was recently signed into law which requires California employers to update their AB 1825 training programs to include “Abusive Conduct.”

For purposes of the new law, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive,…

Cal/OSHA is reminding all employers to protect their outdoor workers from the risk of heat illness, as temperatures in parts of Southern California climb into the upper 90s today and will continue to rise through the weekend and into early next week.

“California’s heat illness standards are the strongest in the country, and we will…

In a recent opinion with important implications for California businesses, the California Supreme Court held that franchisors are not vicariously liable for the conduct of employees managed by its franchisees.

In Patterson v. Domino’s Pizza, LLC, et al., the plaintiff, a service employee at a Southern California Domino’s Pizza franchise, alleged that she had been sexually harassed by her supervisor, the store’s Assistant Manager.  She asserted claims against the alleged harasser, the franchisee, and Domino’s Pizza, the franchisor, alleging that, although she (and the alleged harasser) formally were employed by the franchisee, the franchisor was vicariously liable for her injuries.  More specifically, she argued that because the franchisor exercised extensive control over the franchisee’s operations, the franchisee was an “agent” of the franchisor and the franchisor was an “employer” of the franchisee’s employees, subjecting the franchisor to liability for injuries arising out of the employees’ performance of their job duties. 
Continue Reading California High Court Rules that Franchisors are Not Liable for Workplace Injuries Inflicted By Franchisees’ Employees

California Governor Jerry Brown recently signed into law AB 2751, a “clean up” bill that expands the bases and remedies for immigrant-related retaliation, and clarifies the penalty and employee information provisions of AB 263 and SB 666.

AB 263 and SB 666 were enacted last year to protect immigrant workers against unlawful retaliation. These two bills have since operated in conjunction to prohibit employers from engaging in various “immigration-related practices” against employees who had exercised certain rights protected under state labor and employment laws. These “unfair immigration-related practices” included threatening to file or filing a false police report or threatening to contact or contacting immigration authorities in retaliation for some protected activity engaged in by the employee (e.g., filing a workplace complaint).
Continue Reading California Broadens Immigration-Related Retaliation Protections

National workplace law firm Jackson Lewis P.C. congratulates Sacramento Office Managing Shareholder David S. Bradshaw for being listed in Sacramento Business Journal‘s Best of the Bar 2014.

The journal designates local attorneys who are nominated by their peers and vetted by a panel of attorneys and serves as a resource for companies and individuals…

In a case alleging misclassification of an independent contractor in the transportation industry, the California Supreme Court has found that the California unfair competition law (Bus. & Prof. Code, § 17200 et seq.) (“UCL”) was not preempted by the Federal Aviation Administration Authorization Act of 1994 (Pub. L. No. 103-305 (Aug. 23, 1994) 108 Stat.…