Last week, we identified five important questions employers should ask themselves to test whether they are ready for key changes in California law that are coming in 2014. Here, we take a closer look at one of those changes: additional whistleblower protections under Labor Code section 1102.5. READ MORE
If you have employees in California, you are, no doubt, aware that California laws are constantly changing and have a tendency to sneak up on even the best companies. To help prepare you for the year ahead, here are five important questions employers should ask themselves to test whether they are ready for the key changes in 2014: READ MORE
On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In that 5 – 2 ruling, the California Supreme Court reversed its prior decision to strike down an arbitration agreement on the ground of FAA preemption, but remanded the case for analysis of the enforceability of the arbitration agreement under an unconscionability analysis. READ MORE
California’s Paid Family Leave Now Covers More Kin
Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits while taking leave under the Federal Family Medical Leave Act (“FMLA”) or California’s Family Rights Act (“CFRA”) to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption. On September 24, 2013, Governor Brown signed SB 770, expanding the PFL program to cover siblings, grandparents, grandchildren and parents in-law. Note, however, that PFL does not provide leave rights. CFRA was not similarly amended and, as with FMLA, only provides protected leave with reinstatement rights when taken to care for a seriously ill child, spouse, or registered domestic partner, or to bond with a minor child within one year of birth or the placement of the child in connection with foster care or adoption (among other things). Thus, employees who take leave to care for a sibling, grandparent, grandchild, or parent in-law, though they may receive partial wage replacement, will not be afforded job protection and reinstatement rights unless provided under an employer plan. READ MORE
In Moradi v. Marsh USA, Inc., the California Court of Appeal concluded that employees who are required to use their personal vehicles to travel to and from the office and make other work-related trips during the day are acting within in the scope of their employment when they are commuting to and from work. READ MORE
On July 17, 2013, the California Supreme Court denied review of the Second Appellate District’s decision in Gonzalez v. Downtown LA Motors, 2013 Cal. App. LEXIS 257 (Cal. App. 2d Dist. Mar. 6, 2013), which addressed minimum-wage requirements for piece-rate workers. The Court of Appeal held that the employer had to pay a separate hourly rate of at least minimum wage during work time when piece-rate employees are engaged in compensable activity that does not directly produce piece-rates. READ MORE
In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees disabled by pregnancy are entitled to up to four months of job-protected leave. Under the California Family Rights Act (“CFRA”), employees may take leave up to 12 weeks for baby bonding. CFRA, however, does not include pregnancy disability as a “serious health condition,” which means that employees cannot begin to use their CFRA leave until after the child is born. Pregnant employees who need additional leave beyond the four months provided by the PDLL, but before their CFRA leave begins, are now explicitly protected by the Fair Employment and Housing Act (“FEHA”). READ MORE
Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act (FAA) preempted state law concerning the enforceability of class action waiver provisions, in which a party waives his or her right to arbitrate claims on a class basis. READ MORE
On December 10, 2012, in Veronese v. Lucasfilm Ltd., a California Court of Appeal overturned a Marin County jury’s verdict against Lucasfilm based on its finding that several errors in jury instructions prejudicially affected the verdict. Plaintiff had sued under the Fair Employment and Housing Act (“FEHA”) for pregnancy discrimination and related claims when she accepted, but did not start, in a temporary position at Lucasfilm. After eleven days of testimony and three days of deliberation, a jury awarded Veronese a total of $113,800 in damages and the trial court awarded Veronese $1,157,411 in attorneys’ fees. Lucasfilm challenged both the judgment and the fee award. Lucasfilm argued that the trial court judge erred in giving certain instructions proposed by Veronese, failing to give certain instructions proposed by Lucasfilm, and failing to instruct on certain issues submitted to the jury. Notably, this Court of Appeal decision appears to be the first California appellate decision reversing a jury verdict for an employee based on failure to give a business judgment instruction. READ MORE
As the new year rounds the corner, it is important to stay abreast of the ever-changing legal landscape in California. We’ve previously posted about some recent amendments to the California Labor Code here but here are a couple of others that take effect on January 1, 2013 that employers should keep on their radars. READ MORE
