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State Employment Law Articles
Report Link EMPLOYEE HANDBOOKS: OUT WITH THE OLD, IN WITH THE NEW.Shaw Valenza LLP - December 14, 2009 Every employment lawyer has had the experience of asking a client for a copy of her employee handbook, only to be given an old, coffee-ring stained document, cobbled together in different typefaces, only partially contained in a three-ring binder. Report Link Use of Contractors Carries Hidden Risk for Businesses (pdf).Ballard Rosenberg Golper & Savitt - November 30, 2009 If you hire a contractor to perform construction,
farm labor, garment, janitorial, or security
services, there is a huge financial risk you need
to know about. Under a little known provision
in the California Labor Code, your company
could be held liable to the contractor’s employees
in the event the contractor skirts its labor
law obligations. Report Link NEW CALIFORNIA MILITARY LEAVE.Ballard Rosenberg Golper & Savitt - November 16, 2009 Governor Schwarzenegger just signed into law AB 485 - "Civil Air Patrol: California Wing: Employment Leave". Report Link California: Public Employers May Compel Employees to Participate in Investigatory Interviews.Jackson Lewis LLP - July 22, 2009 In a case that was closely watched by California public agencies, Spielbauer v. County of Santa Clara, the California Supreme Court affirmed the long-standing rule that public employers have the right to compel employees to participate in investigatory interviews, under threat of discipline, so long as the employee has not been required to waive his Fifth Amendment privilege against self-incrimination. 45 Cal.4th 704, cert. denied (June 22, 2009). The high court reversed the Court of Appeal determination, in January 2007, that an employer must secure a formal grant of criminal use immunity from prosecuting agencies before requiring an employee to answer questions about work-related misconduct. Report Link California Court Enforces Employee's Waiver and Orders Arbitration of Unpaid Vacation.Jackson Lewis LLP - June 08, 2009 Reversing an order denying the employer’s motion to compel arbitration, the California Court of Appeal has held that a former employee waived his right to an administrative hearing for alleged unpaid vacation in his arbitration agreement with the employer. Sonic-Calabasas A, Inc. v. Moreno, No. B204902 (May 29, 2009). The Court further held that the arbitration agreement did not act as a waiver of unwaivable rights, which would be against public policy. Thus, it found the agreement enforceable. Report Link California and Federal Law Regarding Teenage Employment During The Summer.Barker Olmsted & Barnier - June 05, 2009 As the school year ends in a few days, teenagers are looking for summer jobs. Make sure you are aware of state and federal laws regulating the employment of minors. Report Link THE “WORK SHARING” PROGRAM: AN ALTERNATIVE TO LAYOFFS.Shaw Valenza LLP - May 21, 2009 Employers facing tough economic times are sensitive to the impact layoffs have on their employees. To avoid eliminating jobs, some employers look for other cost-cutting measures that distribute the financial burden across the workforce. One option for employers serious about cutting payroll costs is to reduce work hours for non-exempt employees. Report Link Plumbing Contractor Not Liable For Former Employee’s Criminal Act.Barker Olmsted & Barnier - May 05, 2009 When a company negligently hires and retains a worker with dangerous propensities, it can be held liable for harm that the worker causes to customers, co-workers, or others. What if the employee commits the act after he is terminated? A recent California appellate court addressed this issue in a case titled Phillips v. TLC Plumbing, Inc. Report Link California Court Affirms Arbitration Order, Finding Arbitration Agreement Not Unconscionable.Jackson Lewis LLP - April 27, 2009 Affirming a lower court order directing an employee to arbitrate her disability discrimination, retaliation, and wrongful termination claims, the California Court of Appeal held that an arbitration agreement covering “all disputes” created a mutual agreement to arbitrate all claims arising out of the employment relationship. Report Link Arbitration Update: California Court Trashes Waste Disposal Company’s Arbitration Agreement.Barker Olmsted & Barnier - April 06, 2009 A California appellate court has refused to enforce an employer/employee arbitration agreement in a wage and hour class action involving meal and rest periods. Report Link California Court of Appeal Continues Rejection of Private Arbitration Agreements.Jackson Lewis LLP - March 24, 2009 The California Court of Appeal has continued its rejection of private arbitration agreements in another opinion striking down an arbitration agreement which contained a class action waiver and an “unconscionable arbitrator selection clause.” Report Link California Court of Appeal Finds Arbitration Agreement With PAGA Waiver Unenforceable.Littler Mendelson, P.C. - March 16, 2009 On March 10, 2009, the California Second District Court of Appeal in Franco v. Athens Disposal Company, Inc., B203317 (Mar. 10, (2009) addressed the enforceability of an arbitration agreement with a class action and "private attorney general" waiver clause in a case brought by a former employee as a class action against his employer for violations of the California Labor Code. Report Link Starbucks Lawsuit Highlights Need to Review Employment Applications.Vedder Price - February 20, 2009 A California Appeals Court recently sent a stern wake-up call to any employer using a “one size fi ts all” job application. A major employer was sued over a fairly typical and, in most states, lawful question in its employment application asking for the applicant’s criminal conviction history. Because an unusual California law forbids inquiries into certain minor drug offenses, the court put a spotlight on the risk of not customizing employment applications to conform to individual state laws. Report Link California High Court Affirms Public Employers May Compel Employees to Participate in Investigations.Jackson Lewis LLP - February 16, 2009 In a case closely watched by California public agencies, the California Supreme Court affirmed the long-standing rule that public employers have the right to compel employees to participate in investigatory interviews, under threat of discipline, so long as the employees have not been required to waive their Fifth Amendment privilege against self-incrimination. Spielbauer v. County of Santa Clara, No. S150402 (Cal. Feb. 9, 2009). The high court reversed the Court of Appeal’s January 2007 determination that an employer must somehow secure a formal grant of criminal use immunity from prosecuting agencies before requiring an employee to answer questions about work-related misconduct. Report Link Starbucks Marijuana Claim Goes Up In Smoke.Ballard Rosenberg Golper & Savitt - January 07, 2009 Almost every employer uses some form of written job application. However, many employers are unaware of legal requirements governing what types of questions a job seeker may be asked. Employers who do not follow these rules face stiff penalties and expensive compliance lawsuits. Report Link GOV. SCHWARZENEGGER SIGNS BILL OUTLAWING TEXTING OR E-MAILING WHILE DRIVINGBallard Rosenberg Golper & Savitt - November 24, 2008 California's hands-free cell phone law went into effect on July 1, 2008. Under that law, drivers are prohibited from using handheld wireless telephones while driving, unless the device allows for hands-free listening and talking. Report Link Know The Voting Leave Law For Election Day!Barker Olmsted & Barnier - November 04, 2008 Election Day is fast approaching on November 3, 2008. California law requires employers, in limited circumstances, to allow employees time off to vote. The law also requires employers to post a notice of this right. Some of our clients have reported that employees assume that they are absolutely entitled to paid time off on election day, but that is not the case. Our FAQ explains the rules. Report Link Independent Contractors Update: Worker Deemed Independent Contractor; Wrongful Termination Claims Fail.Barker Olmsted & Barnier - October 06, 2008 One of the advantages of hiring properly classified independent contractors is that they have no standing to file employee lawsuits alleging wrongful termination, certain discrimination claims, and other causes of action that are dependent on employee status. Report Link California: No Texting While Driving.Jackson Lewis LLP - September 30, 2008 California drivers will be banned from reading, writing or sending a text message while driving in a vehicle beginning January 1, 2009. As he signed the bill (S.B. 28) into law on September 24, 2008, Governor Arnold Schwarzenegger said, “Banning electronic text messaging while driving will keep drivers’ hands on the wheel and their eyes on the road, making our roadways a safer place for all Californians.” Report Link California High Court Allows Parties to Set Standard for Judicial Review of Arbitration Decision.Jackson Lewis LLP - September 16, 2008 Substantially broadening parties’ rights in arbitration, the California Supreme Court has held that an arbitration agreement may expressly provide for judicial review of the merits of the arbitrator’s decision. Cable Connection, Inc. v. DirectTV, Inc., No. S147767 (Cal. Aug. 25, 2008). The Court based its ruling on the express language of the parties’ agreement, finding that it could be enforced through the California Arbitration Act’s provision that permits review of arbitration decisions where “[t]he arbitrators exceeded their powers.” Accordingly, the Court reversed the judgment of the Court of Appeal and directed the matter to be returned to arbitration for further proceedings. Report Link Arbitration Agreement Covers USERRA Claim; Will California Courts Follow?Barker Olmsted & Barnier - September 04, 2008 Employee arbitration agreements are a good way to keep lawsuits out of court. There are pros and cons to using such agreements. But where employers elect to use arbitration agreements, they usually seek to cover all types of employee claims. Report Link Cal Labor Commissioner Cites Company For Not Providing Lactation Accommodation To Employee.Barker Olmsted & Barnier - August 06, 2008 In 2002, the California legislature amended the Labor Code to mandate that employers provide “lactation accommodation.” Yes, we regulate everything here in the Golden State. In the six years following enactment of the law, no known enforcement actions had been initiated. Hopefully the reason is because employers have been complying with the law. Report Link Employers Have New Role In Cell Phone Driving Law (pdf).Ballard Rosenberg Golper & Savitt - July 31, 2008 On July 1, 2008, the long awaited California
Wireless Telephone Automobile Safety Act finally
goes into effect. The new law prohibits drivers
over age 18 from using handheld wireless telephones
while driving, unless the device allows for
hands-free listening and talking. Drivers under the
age of 18 will be prohibited from using wireless
telephones altogether, even if employing a handsfree
device, and from using “mobile
service devices” such as
Blackberries,a pagers and laptops. Report Link California Court: Arbitrators Cannot Decide Enforceability of Pre-Employment Arbitration Agreements.Jackson Lewis LLP - July 25, 2008 Continuing what appears to be an attempt to eliminate the use of private arbitration agreements, the California Court of Appeal has struck down a pre-employment arbitration agreement for at least the fourth time over the past year. Ontiveros v. DHL Express (USA), Inc., No. A114848 (Cal. Ct. App. June 30, 2008). Declaring the agreement “unconscionable,” a California Court of Appeal ruled that a provision giving the arbitrator the authority to decide enforceability was unenforceable. The agreement also failed to comply with the minimum requirements for lawful arbitration of non-waivable civil rights claims set forth by the California Supreme Court in Armendariz v. Foundation Health Psychcare Svcs., Inc., 24 Cal. 4th 83 (Cal. 2000). Accordingly, the court affirmed the trial court’s order denying the employer’s motion to compel arbitration and allowed the plaintiff’s claims of sex discrimination, harassment, and retaliation to proceed in court. Report Link Employers Have New Role In Cell Phone Driving Law (pdf).Ballard Rosenberg Golper & Savitt - July 14, 2008 On July 1, 2008, the long awaited California
Wireless Telephone Automobile Safety Act finally
goes into effect. The new law prohibits drivers
over age 18 from using handheld wireless telephones
while driving, unless the device allows for
hands-free listening and talking. Drivers under the
age of 18 will be prohibited from using wireless
telephones altogether, even if employing a handsfree
device, and from using “mobile
service devices” such as
Blackberries,a pagers and laptops. Report Link Reminder to Update Company Policies: Hands-Free Cell Phones and DrivingBaker Hostetler LLP - July 01, 2008 Beginning July 1, 2008, drivers in California will be prohibited from using hand-held cell phones while driving. Hands-free devices, such as a Bluetooth or other earpiece, will be legal to use while driving as long as only one ear is covered. Report Link California Law Banning Cell Phone Use While Driving Takes Effect July 1.Ford & Harrison LLP - June 17, 2008 California’s law banning the use of cell phones while driving goes into effect July 1, 2008. The California Wireless Telephone Automobile Safety Act imposes a minimum $20 fine for anyone caught driving and using a cell phone unless the driver uses a headset, ear bud or other technology that frees both hands. The fine increases to $50 for subsequent violations. Drivers under 18 are prohibited from using cell phones while driving even if a hands-free device is used, and are also prohibited from using “mobile service devices” such as Blackberries, pagers and laptops. Report Link Put Down That Cell Phone!Fisher & Phillips, LLP - June 12, 2008 A new California statute that prohibits motorists from using a hand-held cellular telephone while driving becomes effective July 1, 2008. Motorists who are 18 years of age or older may use a "hands-free" device while driving. Motorists under age 18 are not permitted to talk on a cell phone at all while driving, whether via a hands-free device or otherwise. This prohibition only applies to drivers, not to passengers. There will be a $20 fine for the first violation and $50 per violation for subsequent offenses. The only exception in the law is for calls made during emergencies to 911 or a health-care provider. Report Link Keep Your Hands Off the Cell Phone!Jackson Lewis LLP - May 21, 2008 Just as the summer driving season takes off, California drivers will need to take their hands off of their cell phones. Effective July 1, 2008, under the California Wireless Telephone Automobile Safety Act, California drivers will be prohibited from using handheld wireless telephones while driving unless the devices are configured to allow hands-free listening and talking. Drivers under the age of 18 are prohibited from using wireless telephones while operating a motor vehicle, even if equipped with a hands-free device, and from using “mobile service devices,” such as Blackberries, pagers, and laptops. Violations of the Act are infractions, and violators will be subject to a fine of $20 for the first offense and $50 for each subsequent offense. Although a violation is a reportable offense to the California Department of Motor Vehicles, no violation point will be assigned to the driver’s license. Report Link Rulings on California Arbitration Agreements Stiffen Challenges Facing Employers.Jackson Lewis LLP - April 16, 2008 Reflecting what appears to be an abiding hostility toward private arbitration agreements, the California Court of Appeal has ruled that “no meeting of the minds” occurred between the employer and employee regarding the employer’s dispute resolution procedures, and hence, no valid agreement to arbitrate existed between the parties. The court affirmed the trial court’s denial of the employer’s motion to compel arbitration. Metters v. Ralphs Grocery Co., No. G038380 (Cal. Ct. App., Apr. 1, 2008). Report Link Political Activity at Work: What are the Limits?Shaw Valenza LLP - April 14, 2008 Whether the subject matter is a large sporting event or upcoming presidential election, employees naturally bring their opinions, passions, loyalties and arguments into the workplace. As the November 2008 presidential election approaches, the candidates, the political parties, and the various media will continue to stir thought and debate among the nation’s voters, most of whom report to a job site. Report Link One Toke Over The Line.Shaw Valenza LLP - February 19, 2008 The California electorate approved Proposition 215, the Compassionate Use Act, in 1996. The initiative expressly protects certain users of marijuana for medical reasons from prosecution under two specific criminal laws. The initiative did not address a number of issues, however, including what happens when marijuana metabolites are revealed by a pre-employment drug test. Twelve years passed before the California Supreme Court weighed in on that question. In Ross v. RagingWire Telecomm. Inc., 2008 DJDAR 1217 (Cal. Jan. 24, 2008), the court held that Proposition 215 provides no employment law protection to medical-marijuana users. As a result, unless there is legislative action by the electorate or the Legislature, disability-discrimination and drug-testing laws are not affected by Proposition 215. Report Link California Employers No Longer Holding Their Breath: Applicants Using Medical Marijuana May Be Denied Employment.Littler Mendelson, P.C. - January 25, 2008 Must a California employer hire a job applicant who tests positive on a pre-hire drug test, but claims to be using marijuana for "medical reasons?" - " No," according to the California Supreme Court. On January 24, 2008, the court held that employers may decline to hire applicants who use marijuana in violation of federal law, even if that use would not be a violation of state criminal law. The court declared: "Nothing in the text or history of the Compassionate Use Act [Cal. Health & Safety Code § 11362.5] suggests the voters intended the measure to address the respective rights and duties of employers and employees. Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions." The decision, Ross v. Ragingwire Telecommunications, Inc., No. S138130 (Jan. 24, 2007), is noteworthy for all employers who conduct, or are considering conducting, preemployment drug tests. Report Link Broad Release Does Not Bar Military Leave Claims, California Appellate Court Rules.Jackson Lewis LLP - January 03, 2008 A California appellate court has ruled that a broad employment severance agreement, including a release of claims under "any other federal or state law," was unenforceable under the Uniformed Services Employment and Reemployment Rights Act ("USERRA") to the extent the release sought to cover claims for wrongful termination based on the plaintiff's military service. Perez v. Unline, Inc., No. G036939 (Cal. Ct. App. Dec. 6, 2007). The release was enforceable, however, as to the plaintiff's claims for overtime and defamation. Report Link California's New Leave for Military Spouses.Shaw Valenza LLP - November 26, 2007 On October 9, 2007, the Governor signed a bill allowing spouses of military personnel to take unpaid time off during the other spouse’s leave from deployment. California Military and Veterans Code section 395.10 was passed as “emergency legislation” and went into effect immediately. The stated intent of the new law is to “serve the families of those troops currently serving in military conflicts in Iraq and Afghanistan, and to assure that these families are able to spend time together during the qualified [spouse’s] leave from deployment. Report Link Class Action Waiver in Arbitration Agreement is Not Enforceable .Ballard Rosenberg Golper & Savitt - November 15, 2007 In another important case affecting the use and application of arbitration agreements in the employment setting, the California Court of Appeal recently ruled that a provision in an employment arbitration agreement waiving the employee’s right to pursue a class action was unenforceable. Report Link California Pre-Employment Arbitration Agreement Ruled Unconscionable.Jackson Lewis LLP - October 30, 2007 Continuing the assault on private arbitration agreements in California, the Court of Appeal ruled that a pre-employment arbitration agreement containing a class action waiver was unconscionable and unenforceable. Murphy v. Check n' Go of Cal., Inc., No. A114442 (Cal. Ct. App. Oct. 17, 2007). The court further ruled that a provision allowing an arbitrator to determine unconscionability was unenforceable because the overall arbitration agreement was a "contract of adhesion." In analyzing the case, the Court of Appeal relied on the California Supreme Court's recent decision in Gentry v. Superior Court, 42 Cal.4th 443 (Cal. 2007), in which the Court struck down another pre-employment arbitration agreement containing a class action waiver. Report Link Employers Need to Take Reasonable Measures to Maintain Secrecy of Information They Want to Protect (scroll down).Ballard Rosenberg Golper & Savitt - October 30, 2007 In San Jose Construction, Inc. v. S.B.C.C., Inc. the California Court of Appeal looked at the issue of whether information taken by an employee upon his departure from a construction company constituted trade secrets. Report Link California Court of Appeals Holds that Employer’s Arbitration Agreement with a Class Action Waiver Is Invalid.Ford & Harrison LLP - October 24, 2007 A recent decision by a California Court of Appeal emphasizes the importance of a valid arbitration agreement between employers and employees. In Murphy v. Check ‘N Go (10/17/2007), the Court of Appeal affirmed the trial court’s decision to deny an employer’s motion to compel arbitration based upon an unconscionable arbitration agreement. Importantly, the Court of Appeal determined that the class action waiver provision of the agreement was unconscionable. Report Link California's New Leave Law for the Spouses of Military Members.Littler Mendelson, P.C. - October 18, 2007 Despite vetoing proposed bills that would have extended California leave laws in other respects, on October 9, 2007, Governor Schwarzenegger signed into law Assembly Bill 392. The new law requires public and private employers who employ over 25 employees to provide up to 10 days of unpaid leave for a "qualified" employee if the employee's military spouse is on a leave period from deployment in a combat zone with the active duty, reserve military or National Guard during a period of military conflict. The law also makes it unlawful for an employer to retaliate against a qualified employee for requesting or taking leave permitted by the new law. Report Link California Adopts Military Spouse Leave LawFord & Harrison LLP - October 17, 2007 Effective immediately, California employers must, under certain circumstances, provide up to ten days of unpaid leave to employees who have spouses in the military. Report Link California Supreme Court Restricts Class Action Waivers In Employment Arbitration Agreements (scroll down).Ballard Rosenberg Golper & Savitt - October 01, 2007 In Gentry v. Superior Court, the California Supreme Court reversed an appellate court’s denial of a writ of mandate upholding a class arbitration waiver, and held that employment arbitration agreements containing class action waivers are unenforceable if class arbitration would be a significantly more effective way of vindicating employees’ rights than individual arbitration. Report Link Undermining Arbitration.Shaw Valenza LLP - September 24, 2007 The California Supreme Court's Aug. 30 decision in Gentry v. Superior Court tightens the courts' reins on "pre-dispute" agreements to arbitrate employment law claims. A pre-dispute arbitration agreement, by definition, is one to which the parties agree before any dispute between them has arisen. Report Link Class Waivers May Be Unenforceable in Pre-Employment Arbitration Agreements in California.Jackson Lewis LLP - September 06, 2007 Adding to the woes of California employers, compared to many of their counterparts elsewhere, the California Supreme Court ruled 4 to 3 that pre-employment arbitration agreements containing class action waivers are not enforceable where, as in the case of certain claims for unpaid overtime, it is found that class arbitration would be a "significantly more effective way of vindicating the rights of affected employees than individual arbitration." Gentry v. Superior Court, No. S141502 (Cal. Aug. 30, 2007). The Supreme Court also concluded that the agreement in issue had an "element" of procedural unconscionability, notwithstanding the presence of a clause allowing employees to opt out of the arbitration agreement within 30 days after signing it. The Court therefore reversed the Court of Appeal's judgment upholding the class arbitration waiver and its finding that the agreement was not procedurally unconscionable. Report Link California Supreme Court Restricts Class Action Waivers In Employment Arbitration Agreements (scroll down).Ballard Rosenberg Golper & Savitt - August 15, 2007 In Gentry v. Superior Court, the California Supreme Court reversed an appellate court’s denial of a writ of mandate upholding a class arbitration waiver, and held that employment arbitration agreements containing class action waivers are unenforceable if class arbitration would be a significantly more effective way of vindicating employees’ rights than individual arbitration. Report Link Employers Are Required To Provide A Safe And Secure Workplace Against Threats Of Violence.Ballard Rosenberg Golper & Savitt - June 01, 2007 In Franklin v. The Monadnock Co., the California Court of Appeal found that an employee’s allegations that public policies require employers to provide a safe and secure workplace and encourage employees to report credible threats of violence in the workplace were sufficient to state a claim for wrongful termination in violation of public policy. Report Link Law Firm’s Own Arbitration Policy Found Unconscionable (scroll down).Ballard Rosenberg Golper & Savitt - June 01, 2007 In Davis v. O’Melveny & Myers LLP, the Ninth Circuit Court of Appeals held that a law firm’s arbitration program covering all employees of the firm is unenforceable under California law because it is procedurally and substantively unconscionable. Report Link California Court of Appeal Expands Common Law Control Test in Tax Case: Use of Borello Economic Reality Test Upheld.Littler Mendelson, P.C. - May 23, 2007 On May 14, 2007, the California Court of Appeals for the Third Appellate District certified for publication its previous April 12, 2007, decision in Air Couriers International v. Employment Development Department. This case involves the issue of whether drivers that worked for a delivery company were properly classified as employees or independent contractors for state tax purposes. The taxpayer had treated the workers as independent contractors, while the Employment Development Department (EDD) reclassified the workers as employees, resulting in an assessment for unpaid personal income taxes and payroll taxes. Report Link California Court of Appeal Validates Arbitration Agreement Covering Claims for Unpaid Bonus and Severance.Ogletree Deakins - April 24, 2007 Does the Federal Arbitration Act preempt claims for unpaid wages under California law? Report Link Employers Gain Immunity From Employees' Misues of Company's Internet Access.Shaw Valenza LLP - January 30, 2007 Advances in technology, particularly the Internet, continue to influence employment law. The new ways in which employees obtain information and communicate with others have revolutionized the workplace. Change has come so fast that employers, legislators, and the courts are playing an increasingly challenging game of catch-up. The desire to manage risk via control of employees’ activities not only is hampered by the ingenuity of new technology, but also by the desire not to impair the free flow of ideas and information that have made these advances possible. Report Link Can Employees Waive Class-Action Arbitration Agreements.Shaw Valenza LLP - January 29, 2007 Employers understand employment litigation in court entails expense, delay, and uncertainty. Seeking to avoid a jury’s evaluation of workplace decisions, some employers have turned to alternative dispute resolution programs (called “ADR”). ADR can involve internal complaint procedures, mediation, and arbitration. In principle, both employers and employees can benefit from the faster and less formal procedures associated with ADR.
Report Link Agreements to Submit Disputes to a Judicial Referee May Allow Employers to Avoid the Pitfalls of Jury Trials and ArbitrationLittler Mendelson, P.C. - September 01, 2006 The United States Supreme Court endorsed the use of binding arbitration to resolve employment disputes in 1991. Since that time, many employers have implemented policies of binding arbitration as a way to avoid the vagaries of a jury trial. Over the years, however, the pitfalls of binding arbitration have become evident - primary among them being that there is no ground to appeal an arbitrator's decision, even when the decision is contrary to applicable law.1 As a result, employers have been searching for alternative means of dispute resolution. Report Link New Decision Regarding Pre-dispute Jury Trial Waivers May Have Employment Law Implications.Jackson Lewis LLP - August 29, 2006 Contractual pre-dispute jury trial waivers were nullified by the Supreme Court of California in 2005 in the case, Grafton Partners L.P. v. Superior Court, Cal. Sup. Ct. No. S123344 (August 4, 2005). Now, the California Court of Appeal has decided that the Grafton decision does not apply to invalidate a contract for reference that similarly waives a jury trial prior to a dispute between the contracting parties. Report Link California Court of Appeal rules that a class action waiver in an arbitration agreement is valid in an employment case.Littler Mendelson, P.C. - January 24, 2006 On January 19, 2006, California's Second District Court of Appeal published its opinion in Gentry v. Superior Court (Case No. B169805). Gentry potentially is of major significance to all employers in California, as it upheld a clause contained in a pre-dispute arbitration agreement that precluded class arbitrations. The clause, as applied, required all employees bound by the arbitration agreement to (a) bring their covered disputes to arbitration instead of court and (b) bring those disputes only as individuals and not as part of or representing a class. Effectively, therefore, the impact of the clause was to eliminate class actions entirely. Report Link California Employer Protections Regarding Job References.Jackson Lewis LLP - March 10, 2004 Employers are reluctant to provide job references. Report Link Mandatory Arbitration Again Available to Employers in California and Other 9th Circuit States.Jackson Lewis LLP - October 06, 2003 Reversing a 1998 decision, the U. S. Court of Appeals for the Ninth Circuit has ruled that federal anti-discrimination laws do not prohibit employers from requiring employees to agree to mandatory arbitration of employment disputes. EEOC v. Luce, Forward, Hamilton & Scripps, (9th Cir., No. 00-57222, Sept. 30, 2003) (en banc). Report Link California Supreme Court Limits Legal Protections for Employer's E-Mail System.Jackson Lewis LLP - September 12, 2003 The California Supreme Court refused to extend state trespass law to protect an employer’s electronic communication system from unauthorized access by a disgruntled former employee. Report Link Arbitration Agreements in California: Where Are We Now?Jackson Lewis LLP - September 03, 2003 California employers considering whether they should require their employees to participate in a mandatory arbitration program do not have an easy task. Report Link California Employers Should Ensure Compliance With Recent Amendments When Obtaining Consumer Reports.Jackson Lewis LLP - January 31, 2002 Employers obtaining consumer credit reports on applicants or employees in California should review their procedures and forms in light of recent amendments to the state's fair credit reporting law. Report Link Initiation of Pre-Arbitration Procedures Do Not Satisfy Exhaustion Requirement.Ballard Rosenberg Golper & Savitt - December 28, 2001 Discusses Swiderski v. Milberg, Wise, Bershad, Hines & Lerach, LLP, 2001 Daily Journal D.A.R. 13047 (Cal.App. 4th Dist., Div 1, Dec. 18, 2001), in which the court dismissed a wrongful termination based on an arbitration agreement. Report Link California employers must register independent contractors.Jackson Lewis LLP - January 01, 2001 Discusses California Unemployment Insurance Code § 1088.8, effective January 1, 2001, which requires reporting use of independent contractors with the Employment Development Department ("EDD") in order to aid in locating parents delinquent in child support obligations.
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Count and Sub-TopicsArticles Found: 61SUBTOPICS Employment Law Seminars
2010 Brings Many Important Changes to Workplace Laws – California Locations
Long Beach
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February 9, 2010 Young ConawayCombatting Quickie ElectionsWebinar
February 9, 2010 Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage RequirementsWebinar
February 10, 2010 ConstangyThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 10, 2010 LittlerHR AcademyAtlanta
February 10 & 11, 2010 Fisher & Phillips2nd Annual Employment & Labor LawWashington
February 11-12, 2010 Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California LocationsLa Jolla
February 11, 2010 Fisher & PhillipsThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 11, 2010 Littler |
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