California Employment Law Blog

The law requires that employers provide non-exempt California employees the ability to receive meal breaks and rest periods. In some instances, employers must provide exempt employees with the right to take meal breaks. The law does not extend to certain workers such as farm and domestic workers, or personal attendants. Under the state’s wage and…

California employees should familiarize themselves with the state’s strict mandates against non-compete and non-solicitation agreements. Unlike many other states, California Business and Professions Code section 16600 does not permit non-compete clauses, even if they are reasonable in scope and purpose. A non-compete clause or agreement, is also known as a “restrictive covenant.” These agreements dictate…

A state appellate court recently issued a decision in a plaintiff’s appeal regarding a trial court’s response to a jury question in a California hostile workplace lawsuit. The plaintiff alleged that she was sexually harassed by the principal of a school where she taught. She claimed that starting around September 2013 the principal sexually harassed…

Recently, the California Supreme Court decided that its ruling in Dynamex Operations West, Inc. v. Superior Court applies retroactively. The Dynamex case set a new legal standard for determining a California worker’s employee classification. Before the decision, businesses relied on a judicial “right to control” test for classifying workers under California’s Wage Orders. California Wage…

Like all laws, over time, employment laws change. In the wake of what was undoubtedly a tough year, 2021 is no exception. While both state and federal government laws govern the employer-employee relationship, California employment laws are generally more favorable to employees than federal laws. So, when state employment laws change, it is important that…

Earlier this month, a state appellate court issued an opinion in a California age discrimination lawsuit. The lower court dismissed the plaintiff’s claim, finding that the statute of limitations did not toll, and the plaintiff’s case was filed too late. However, on appeal, the court reversed the lower court’s decision, allowing the plaintiff’s case to…

Hundreds of thousands of California independent contractors and gig workers will likely not have to reimburse the state for overpaid Pandemic Unemployment Assistance (PUA) benefits. The new COVID-19 stimulus package signed into law allows states to waive attempts to collect excessive PUA payments as long as workers meet two requirements: Their original PUA application was…

A nearly decade-long court battle ends as national department store chain Burlington Stores Inc. has agreed to pay almost $20 million for misclassifying workers to avoid paying them overtime. According to court records, roughly 1,630 employees will receive an average payment of $12,000 as part of the settlement. California workers are included under a second…

The November election appeared to provide some clarity over allowing companies like Lyft and Uber to avoid classifying their drivers as employees when voters approved Proposition 22. The measure sought to free these companies from providing benefits to their workers, such as overtime, unemployment and sick leave. However, the fight over protections for these workers…

Gov. Gavin Newsom signed nearly two dozen labor and employment bills in 2020, many of which go into effect on New Year’s Day. Some laws are in response to the COVID-19 pandemic, while others expand reporting deadlines and leave protections and rights for those working for large and small businesses. Coronavirus protections for workers While…