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Emeryville Strikes Again: Another Employee-Friendly Ordinance to Take Effect

San Francisco’s notoriously employee-friendly ordinances continue to set the standard for its neighboring cities. Emeryville, which is across the bay from San Francisco and neighbors Oakland, recently passed a fair workweek ordinance that patterns itself off of San Francisco’s Retail Workers Bill of Rights. The Emeryville ordinance applies to larger retail and fast food employers, and has strict scheduling requirements as set forth below.

The Suspense is Killing Me! What Big Labor Bills Will Make it Off the Suspense File?

In the California Legislature, bills first are referred to the appropriate policy committee for hearing. Labor bills are referred to the Labor Committee, crime bills are referred to the Public Safety Committee, health bills are referred to the Health Committee. You get the picture.

Third Time’s the Charm: California’s Proposals to Expand its Equal Pay Protections . . . Again

With amendments to the California Fair Pay Act (“CFPA”) in effect for less than six months, the state legislature has introduced three new bills to further expand the state’s equal pay laws.

Judge Flattens Tires on Uber Self-Driving Car Project Through Injunction And Other Orders

On February 23, 2017, Waymo (Google’s self-driving car subsidiary) sued Uber, under the DTSA in the Northern District of California, alleging that Waymo’s former star engineer, Anthony Levandowski, conspired with Uber to steal its trade secrets to allow Uber to make a technological leap forward on its self-driving car project. Early litigation has been complicated by a separate arbitration against Levandowski and Levandowski invoking his Fifth Amendment rights that stymied document production and discovery. This heavily litigated matter has over 447 separate docket entries since it was filed a couple of months ago.

Class Action Waiver in Employment Arbitration Agreement is Unenforceable, Court Rules

A class action waiver in an arbitration agreement is unenforceable under the National Labor Relations Act, Judge Gonzalo P. Curiel has ruled. Neal Pataky et al. v. The Brigantine, Inc., No. 3:17-cv-00352 (S.D. Cal. May 3, 2017).

A Primer on Substituting Paid Leave for Unpaid Disability Leave Under Federal and California Law

Among the many questions California employers face when navigating the ins and outs of various disability leave laws is under what circumstances an employee may choose or be required to utilize paid time off for an otherwise unpaid leave of absence. When dealing with these issues, it is important to consider some nuanced differences between various federal and California state laws. The following are some guidelines for employers to keep in mind:

Equal Pay Laws and Use of Prior Salary as a Justification for a Pay Disparity

The Ninth Circuit recently issued is decision in Rizo v. Yovino, reversing a district court ruling holding that an employer violated the federal Equal Pay Act through its bright-line policy of paying new employees 5% more than their prior salary. According to the district court (and the stated position of the EEOC), basing compensation on an applicant's prior compensation only serves to further historical wage disparity between men and women, and therefore violates the Equal Pay Act. The Ninth Circuit surprisingly (given its notoriously liberal bent) disagreed.

Hot List – What’s Happening in the California Legislature 5/15-5/19

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week.

California Supreme Court Clarifies “Day of Rest” Provisions

California employers can now schedule employees with more confidence when the press of business requires employees to work beyond their normal work schedule. The California Supreme Court has clarified California’s “day of rest” statute. The ruling affords employers flexibility in scheduling employees and clarifies some of the law’s ambiguities while leaving a few unanswered issues.

California Supreme Court’s “Day Of Rest” Ruling Puts Employers At Ease

In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be analyzed for compliance and liability purposes, and does not specifically require employers to provide one day of rest after six preceding calendar days of work. This decision is a big relief for those employers who schedule employees week-by-week without necessarily considering when the employees worked the previous week, outlining a clear and direct way that employers can comply with the state’s Labor Code.