Legal News

Yesterday, Governor Gavin Newsom signed California Assembly Bill 5 (“AB5”), controversial legislation which will have a substantial impact on California employers when it goes into effect on January 1, 2020. ...By: Payne & Fears

On August 29, 2019, the California Supreme Court held in OTO, L.L.C. v. Kho, S244630, that a mandatory arbitration agreement may be unenforceable against employee wage claims if it requires the employee to forego the “Berman” hearing process and...By: Payne & Fears

This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....By: Payne & Fears

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....By: Payne & Fears

This month's key California employment law cases involve the Dynamex case and the effect of prior administrative hearing on a civil lawsuit....By: Payne & Fears

This month's key employment law cases address the enforcement of arbitration agreements. Diaz v. Sohnen Enters., 34 Cal. App. 5th 126, 245 Cal. Rptr. 3d 827 (2019) Summary:  When employee continues his or her employment after notification that...By: Payne & Fears

On August 8, 2019, the Department of Labor issued an Opinion Letter explaining that employees may take leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting discussing their child’s Individualized Education Plan (“IEP”). The...By: Payne & Fears

As we previously reported, on May 2, 2019, the Ninth Circuit Court of Appeals in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096, held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal....By: Payne & Fears

While the California Labor Code specifies that an off-duty meal period must consist of at least 30 minutes of uninterrupted time during which the employee is relieved of all duties, the duration requirement for an on-duty meal period has been less...By: Payne & Fears

The California Court of Appeal has affirmed a complete victory by Safeway Inc. over a certified class of wage-and-hour plaintiffs. Esparza v. Safeway Inc., et al., B287927 (Los Angeles County Super. Ct. No. BC369766, June 10, 2019). The published...By: Payne & Fears