Insight & Commentary on California Workplace Law Issues & Developments
Several employment-related cases are currently pending before the California Supreme Court, and their outcomes could have a significant impact on workplace policies and risk management for employers and HR professionals.
Fuentes v. Empire Nissan, Inc.
This case addresses whether a form arbitration agreement required as a condition of employment is unenforceable due to unconscionability.
The…
Recently, in Mora v. C.E. Enterprises, Inc., the California Court of Appeal upheld a trial court’s decision in favor of an auto dealership alleged to have used an improper “piece rate” or “flag hours” compensation model.
Two former service technicians alleged that the dealership’s compensation system violated requirements for compensating for productive and non-productive…
A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for outside salespersons using their base hourly pay, excluding commissions, as long as that’s how they calculate other forms of paid leave.…
Employers in California more than likely have heard of the Private Attorneys General Act, commonly referred to as PAGA. However, understanding what it is, how it functions, and how it can affect them can be challenging.
PAGA is a California statute passed in 2004 to assist the State with its obligation to enforce the California…
In Stone v. Alameda Health System, the California Supreme Court considered whether all public entities that are not specifically governmental in nature are exempt from the obligations in the Labor Code such as meal and rest breaks and overtime, and whether penalties available under the Private Attorneys General Act (PAGA) apply to public entities.
The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims.
Employers should continue to be aware of several cases pending before the state’s high court. Here are the highlights and what these cases could mean for California employers.
PAGA…
As we wrap 2022, here a review of some of the changes to California employment law that will continue to affect employers in 2023.
Legislative Changes
New Year, New Minimum Wages for California
California Tightens Rules on Vehicle Tracking, Fleet Management
Cal/OSHA Mandated to Update Heat Illness and Wildfire Smoke Standard
2022 brought several significant decisions from the California Supreme Court, from decisions about meal and rest period penalties to burden shifting for whistleblower retaliation claims.
Here are some of the cases currently pending before the state’s high court that employers should be watching and what they mean for employment law in the Golden State.…
On June 15, 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only.
In early July, Moriana, the named plaintiff-employee at the center of Viking…
