Advising And Defending Businesses
In Augustus v. ABM Security Services (ABM Security), a class action filed 11 years ago and certified as a class in 2009, the California Supreme Court ruled that ABM Security unlawfully required the class of security guards to remain on call during rest breaks,...
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law. The new law creates a right for an “owner of a trade secret” to bring a civil claim in federal court for the misappropriation of such and obtain remedies that...
Assembly Bill 1926, which was approved by Governor Brown on September 28, 2016, amends Labor Code section 1777.5 to require, in most circumstances, that apprentices who are dispatched to Public Works projects to undergo testing, training, an examination, or other...
In Driscoll v. Granite Rock (2016) —Cal.Rptr.3d—, following a bench trial of a certified class action alleging the employer failed to provide concrete mixer drivers off-duty meal periods and pay a meal period premium when the drivers opted to work during a...
A job description that accurately reflects the essential functions of an employee’s position with a company may become the holy grail of personnel documents for an employer in employment litigation. Yet, employers all too often fail to use, or misuse this...
The Healthy Workplaces, Healthy Families Act of 2014 (California’s Paid Sick Leave Law) became effective on July 1, 2015, and requires employers to provide three workdays or 24 hours of paid sick leave per year to each of its employees (with certain conditions and...
On December 6, 2019, several business organizations filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the legality of Assembly Bill No. 51. AB 51 generally prohibits employers from requiring applicants and employees to enter...
In 2016, Assembly Bill No. 1066 created a timetable for agricultural workers to receive overtime compensation. Effective January 1, 2020, agricultural employees who work for employers with 26 or more employees must receive premium pay for all hours worked over 9 hours...
On November 28, 2018, the California Business & Industrial Alliance, an association representing California-based employers, filed a 54-page Complaint in the Orange County Superior Court seeking injunctive and declaratory relief against Attorney General Xavier...
On November 30, 2018, the Court of Appeal in Kaanaana v. Barrett Business Services, Inc. made clear that an employee’s right to a duty-free 30-minute meal period is separate and distinct from his or her right to be paid one hour of “premium pay” for...