FPP trial win (Final)
Read MoreTesting Employees For Covid Must Be “Business Necessity”
Throughout the COVID pandemic, California employers have had broad discretion to mandate employee COVID tests. Employers were empowered with such discretion by the Equal Employment Opportunity Commission (“EEOC”). Generally, medical tests or examinations mandated by employers must be “job related and consistent with business...
Read MoreOnly In California: An Innocent Commercial Landlord May Be Held Hostage for Its Tenant’s Failure to Pay Its Employees
Imagine this scary real-life scenario: in an effort to lease its land, a landowner (“Owner”) spends millions of dollars to construct a quick lube (or any other single-purpose building) on its property. Owner then enters into a long-term lease with a quick lube operator (“Operator”). Unbeknownst to Owner, Operator fails to pay its...
Read MoreIncreased Consumer Notifications Required for Subscription Renewals
An amendment to California’s Automatic Renewal Law (Business & Professions Code §17602) will go into effect on July 1, 2022. The amendment, which was signed into law in October 2021, requires increased notifications to consumers regarding any subscriptions or trials which automatically renew. It is important to be familiar with the existing...
Read MoreEmployees May Be Required to Arbitrate Individual PAGA Claims and Waive Non-Individualized PAGA Claims
California’s Private Attorney General Act (“PAGA”) allows employees to file claims against their employers to recover civil penalties on behalf of themselves, other employees, and the State of California for various Labor Code violations. Claims under PAGA may be individual claims (those suffered by the employee making the claim) or...
Read MoreCalifornia Supreme Court- Employees May Recover Additional Penalties for Failure to Pay Premium Pay for Meal and Rest Period Violations
The California Supreme Court has just overturned a Court of Appeal decision which had been seen as a significant “victory” for employers in the wage and hour arena. That Court of Appeal decision had ruled that unpaid statutory payments owed by a California employer for meal and rest break violations were not “wages” under...
Read More