California Employment Law Blog

Earlier this month, the California Department of Public Health issued an order (the “Order”) directing certain workers who provide services or work in specified facilities to have their first dose of a one-dose regimen or their second dose of a two-dose regimen of the Covid-19 vaccine by September 30, 2021. While the COVID-19 pandemic remains…

The Supreme Court of California recently issued a decision in a California employment case alleging the unlawful refusal to promote, holding that the statute of limitations begins to run when the employee knows or should have known about the employer’s unlawful refusal to promote. In that case, the employee was a customer service representative and…

The California Supreme Court recently issued a decision holding that employers must pay employees according to their “regular rate” rather than according to their straight-time hourly rate. The case applies retroactively and thus applies even to California employment cases that have already been decided and to previous miscalculations. In the case, Ferra v. Loews Hollywood…

California’s Supreme Court recently issued a significant decision concerning California meal periods for employees. In California, in general, employers must give employees with a 30-minute meal period after at least the fifth hour of work and after at least the tenth hour of work. If an employee is not provided a compliant meal period, then…

In a momentous decision, the California Supreme Court ruled that employers must compensate employees for the time spent waiting and undergoing security searches of their belongings and technology devices. The decision signifies a major departure from the federal Fair Labor Standards Act. Under the federal standard, employers did not have to compensate employees for time…

The Ninth Circuit Court of Appeals recently decided a case involving a Federal Labor Standards Act (FLSA) claim that the employer claimed was barred due to an arbitration agreement between the employer and the alleged employee. The Ninth Circuit Court of Appeals is a federal appeals court located in San Francisco, California, and has jurisdiction…

Generally, a California employer is required to pay overtime if an employee works more than eight hours a day, more than 40 non-overtime hours in a workweek, a seventh consecutive day in a workweek—although some employees are exempt from overtime laws. Alternatively, under California labor law, California employees may adopt an alternative workweek schedule upon…

California recently expanded its California Family Rights Act (CFRA), dramatically changing the legal landscape and available leave benefits to many employees in the state. Before enacting the CFRA, California law mirrored the federal Family and Medical Leave Act (FMLA). The newly expanded bill, signed by Governor Newsom, extends family and medical leave of absence requirements…

The California Supreme Court recently issued an opinion addressing whether belt sorting qualified as “public works” under California’s Labor Code (CLC). According to the record, the Los Angeles County Sanitation District (District) and a neighboring Recycling and Transfer facility operate the county’s transfer and disposal of trash. The defendant in this matter is a staffing…

Recently, a national news source reported a finding by the National Labor Relations Board (NLRB) regarding Tesla’s illegal termination of a California employee. The findings affirmed a 2019 ruling that found that Tesla illegally threatened workers if they engaged in union activities. The employee, in this case, was organizing union participation by distributing pamphlets in…