A recent California Court of Appeal decision provides important guidance for California employers who allow or require employees to execute arbitration agreements and other employment-related documents using electronic signatures. In a time where employers are increasingly relying on technology to complete the onboarding process of new employees, this...
Read MoreCalifornia Court of Appeal Affirms Summary Judgment in Favor of Owner on Claim of Individual Liability for Wage & Hour Violations
In a recent opinion[1], the California Court of Appeal for the Fourth Appellate District affirmed summary judgment in favor of an individual owner of a company who was personally sued for alleged wage and hour violations under Labor Code §558.1. Labor Code §558.1 provides that a natural person who is an owner, director, officer, or managing agent of an...
Read MoreCourt Dismisses Spouse’s Lawsuit Based on COVID-19 Exposure in the Workplace
An employee’s wife sued her husband’s employer for negligence in an attempt to hold her husband’s employer responsible for her COVID-19 infection. The complaint alleged that the employee’s wife contracted COVID-19 as a result of her husband’s exposure to a COVID-19 outbreak at his workplace. The complaint further alleged that the husband’s employer was...
Read MoreCourt of Appeal Opinion Reminds Contracting Parties They Are Stuck with the Contract They Signed
The case entitled Coral Farms, L.P. v. Mahony (2021) 63 Cal.App.5th719 involved a dispute between three neighboring property owners that incurred varying damages due to a mudslide. The three parties sued and countersued one another for negligence and other claims related to water drainage. The parties eventually settled their dispute. As part of the...
Read MoreCalifornia Recording Law Requires All Parties to Consent
California generally provides heightened protection for individual privacy rights. Consistent with protecting individual privacy rights, the California Supreme Court recently ruled that both parties and nonparties must get consent from everyone on a cellular or wireless telephone call before making a recording of the call. From a legal perspective, the...
Read MoreCalifornia Enacts Right of Recall
On April 16, 2021, Governor Gavin Newsom signed SB 93 into law, which law went into effect immediately. This new legislation enacts a “right of recall,” requiring certain employers to first offer employees laid off due to the COVID-19 pandemic available positions based on a preference system. The law applies generally to hospitality and...
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