Advising And Defending California Businesses
Effective July 1, 2017, new regulations adopted by the California Fair Employment and Housing Council (FEHC) will restrict an employer’s ability to inquire about or consider the criminal history of applicants and employees, except where specifically...
On June 3, 2019, the U.S. Supreme Court in Fort Bend County, Texas v. Davis held that an employee’s failure to file a charge with the EEOC alleging discrimination on the basis of her religion was not fatal to her lawsuit alleging religious discrimination against...
On May 28, 2021, a court of appeal in Usher v. White affirmed summary judgment in favor of the individual owner of a business who had been sued for alleged wage and hour violations under California law. In 2014, the plaintiffs commenced a wage-and-hour class action...
On May 24, 2019, a California court of appeal in Dane-Elec Corp. v. Bodokh reversed an award of attorney’s fees to an employer that prevailed on its complaint against its former chief executive officer to recover on a promissory note, and on the cross-complaint...
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance related to the COVID-19 pandemic. The EEOC answers COVID-19 questions from the perspective of the federal EEO laws and in its update, addresses the...
The United States District Court for the District of Columbia has blocked the National Labor Relations Board (NLRB) from implementing five provisions of the rule changes it announced in December 2019. On June 1, 2020, the NLRB published a news release stating that “it...
On May 2, 2019, a U.S. District Court Judge in Ayala v. U.S. Xpress Enterprises, Inc. granted a trucking company’s motion for partial summary judgment dismissing the meal and rest period claim from a putative wage and hour class action. The Ayala court based its...
The determination of whether a particular worker is an employee or an independent contractor will depend on the administrative or judicial forum adjudicating the question. This week, the Associate General Counsel of the National Labor Relations Board issued an Advice...
On May 1, 2019, a California court of appeal in Muller v. Roy Miller Freight Lines, LLC affirmed a trial court’s order denying an employer’s petition to compel arbitration of a truck driver’s class action claim for unpaid wages, despite him agreeing in a signed...
The Fair Employment and Housing Act (FEHA) requires California employers to take reasonable steps to prevent and correct workplace discrimination and harassment. On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) released a “Workplace...