Advising And Defending California Businesses
On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful violations of the federal Fair Credit Reporting Act....
On April 10, 2019, a court of appeal in Savea v. YRC Inc. affirmed a lower court’s dismissal of a lawsuit brought under the Private Attorneys General Act (PAGA) by an employee on behalf of himself and as an “aggrieved employee” that alleged that the employer’s wage...
In Santillan v. USA Waste, Inc. (“USA Waste”), a 53-year old garbage truck driver sued his employer of 32 years for age discrimination and retaliation. Santillan had an exemplary employment record. He was rarely disciplined during his first 30 years at USA...
On March 25, 2019, a court of appeal published its decision in Salgado v. Carrows Restaurants, Inc., reversing a trial court’s order denying the employer’s motion to compel arbitration. The Salgado court held that the arbitration agreement the plaintiff had signed on...
On March 28, 2019, a court of appeal in Zakaryan v. The Men’s Warehouse, Inc. affirmed a trial court’s order denying the employer’s motion to compel arbitration of a lawsuit alleging a violation the Private Attorneys General Act of 2004 (PAGA). A former manager of The...
The California Department of Fair Employment and Housing (DFEH) has published a series of Frequently Asked Questions addressing various employment issues related to the COVID-19 pandemic. The DFEH is the California state agency in charge of enforcing the Fair...
On March 22, 2019, a California court of appeal published its decision in Nieto v. Fresno Beverage Company, Inc., affirming a trial court’s order denying an employer’s petition to compel arbitration. The plaintiff, a delivery truck driver, filed a class action lawsuit...
On March 17, 2020, Governor Newsom issued Executive Order N-31-20 that suspended the 60-day notice requirement of California’s Worker Adjustment and Retraining Notification Act where a covered employer orders a mass layoff, relocation or termination of employees...
In Alvarado v. Dart Container Corporation of California, the employer was sued for improperly paying overtime due to its use of “attendance bonuses” that were given to employees for completing weekend shifts. The employer followed the federal method of...
We previously wrote about the various obligations that California employers now have as a result of the state’s new Immigrant Worker Protection Act, which became effective on January 1, 2018. Among other things, the new law requires employers to notify employees prior...