The plaintiffs’ attorneys in a class action were denied attorney’s fees because some of the attorneys failed to disclose their lack of professional liability insurance to the client at the time the client retained the attorney.  The Court of Appeal concluded the agreement was unenforceable because of failure to comply with former rule 3-410 and

Employers with 5 or more employees (not including independent contractors), must provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all non-supervisory employees by January 1, 2020, and once every 2 years thereafter.  An employer includes a person who regularly receives

Prior law prohibiting an employer from asking or relying upon the applicant’s salary history is modified. Employers may now inquire into an applicant’s salary expectation for the position being applied for such as for seniority or merit.  Sexual based salary decisions remain illegal.  Labor Code §§ 432.3 and 1197.5. Effective January 1, 2018.

An employer cannot require the execution of a release or non-disparagement agreement in exchange for any condition of employment and broadened non-employee harassment. Changes to the laws concerning harassment, discrimination, etc. (Government Code § 12940, 12965, 12923, 12950.2, and 12964.5) broadened the definition of harassment to include any type of harassment, not merely sexual,

The moral fiber of our society continues to degrade.  The following is an attorney ethics issue and as a reminder attorney’s are held to a higher standard.

After a trial on a sexual harassment claim  resulting in an $8,080 jury verdict, and a $7,000 costs award, Plaintiff’s counsel was upset he was not awarded the

In Troester v. Starbucks Corp. (2018) 5 Cal.5th 829 the California Supreme Court answered a legal question sent to it from the Federal Court asking if the relevant wage order and statutes.  The Court held that California does not adopt the federal FLSA permitting application of the (federal) de minimis rule when the employer required the employee to work “off the clock” several minutes per shift.  The Court held that the state wage and hour rules do not permit the de minimis “Defense”.  Read more …
Continue Reading Starbucks Must Pay for All Employee’s Work, even if just a drip of time! (Troester v. Starbucks Corp. (2018) 5 Cal.5th 829)

Finally, a common sense ruling.

After settling a class action lawsuit against temporary staffing agency, workers brought wage and hour putative class action raising identical claims against the client-company where they had been placed to work.   The Court of Appeal held that:
1.  agency and client-company were in privity for purposes of wage and hour

The California Supreme Court changed the test to determine what is an independent contractor vs. employee to a new “ABC” test.  The 2nd prong, is the tough one for employers.
Dynamex Operations West, Inc. involved a trucking company which changed its policy from classifying drivers as employees to independent contractors.  The Court applied a