Mere Knowledge of Missed Meal and Rest Breaks Not Enough to Establish Employer Liability

Employer Knowledge of Employees Skipping Meal and/or Rest Breaks Alone Is Insufficient to Establish Liability California employers, including staffing agencies that provide temporary employees to their clients, are not required to police staff to ensure compliance with meal period obligations or to investigate time records to uncover possible violations.  The California Labor Code guarantees that […]

Jury Awards Diabetic Employee $725,000 in Recent Disability Discrimination Case

Dollar General Discriminated Against a Diabetic Employee by Firing Her for Drinking Orange Juice in Violation of an “Anti-grazing” Policy A federal appellate court recently upheld a $725,000 jury verdict against Dollar General for discriminating against an employee on the basis of her disability. Central to the lawsuit was $3.38 worth of orange juice. This […]

New Test for Independent Contractor Classifications

California Supreme Court Issues New Classification Guidelines for Independent Contractors On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903, clarifying the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the […]

Court Disapproves of Indefinite Medical Leave

Employees Are Not Entitled to Multi-Month, Indefinite Medical Leaves of Absences California employers can breathe a sigh of relief in light of a recent decision from the Southern District Court of California. In Ruiz v. Paradigmworks Group, Inc., the court held that an employer is not required to extend an employee’s “multi-month” medical leave of […]

Retaliation Results in Huge Payout

The Ninth Circuit Court of Appeals Reminds Employers Just How Costly Retaliation Claims Can Be After a nine-day jury trial, an employer, a current supervisor, and several of its former supervisors, were ordered to pay three employees $6.6 million for race-based discrimination and retaliation for filing administrative complaints about the discrimination. The case, Flores v. […]

Unenforceable Arbitration Agreements

In California, Not All Arbitration Agreements Are Enforceable Arbitration agreements can be an excellent tool for managing exposure to costly litigation and the unwanted publicity associated with employment-related lawsuits. Unfortunately, arbitration agreements between employers and employees are not ironclad, and California courts often refuse to enforce them. A recent case serves as an important reminder […]

Employers Can Be Liable for the Misconduct of a Nonemployee Trespasser

Sexually Assaulted Employee Can Recover Damages from Employer Under FEHA, in Addition to Workers’ Compensation Recovery, for Sexual Harassment by a Nonemployee Trespasser In M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693, a California Court of Appeal ruled that workers’ compensation benefits may not be the exclusive remedy for an employee who […]

Computing Overtime When an Employee Earns a Flat Sum Bonus

California Supreme Court Issues Important Guidance on Computing Overtime Under California law, overtime pay is based on an employee’s “regular rate of pay,” which is not necessarily an employee’s regular hourly wage. This is because an employee’s “regular rate of pay” includes all forms of compensation that an employee receives, e.g., production bonuses. As a […]