Legal News

In April 2018, the Ninth Circuit held that employers cannot consider pre-employment salary history, even in combination with other factors, to justify gender pay disparities. See Rizo v. Yovino, 887 F.3d 453 (9th Cir. 2018) (en banc). Why is the...By: Payne & Fears

Minority attorneys continue to depart law firms at a higher rate than those in the majority and continue to be substantially underrepresented at the partner level. With the continued demands of clients and other organizations to improve diversity,...By: Payne & Fears

Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies determine whether their...By: Payne & Fears

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay inequity for women and...By: Payne & Fears

On February 13, 2020, in a unanimous opinion, the California Supreme Court held in Frlekin v. Apple Inc., Case No. S243805, that time spent on an employer's premises waiting for, and undergoing, required exit searches of packages, bags, and personal...By: Payne & Fears

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements during breaks. California’s...By: Payne & Fears

On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude the employee from later...By: Payne & Fears

On January 31, 2020, Judge Kimberly Mueller issued a preliminary injunction "in full" preventing the State of California from enforcing AB 51, the state's new law effectively banning mandatory employee arbitration agreements. ...By: Payne & Fears

On December 16, 2019, the National Labor Relations Board (“NLRB”) issued a decision in Caesars Entertainment holding that businesses may restrict employees from using a company’s internal email systems for union and organizing activities. In so...By: Payne & Fears

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal. Ct. App. Nov. 27, 2019) -...By: Payne & Fears