The CARES Act and Its Impact on Independent Contractors and Gig Workers

On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Among other important provisions, the CARES Act dramatically expands the availability of unemployment insurance (UI) benefits to workers impacted by COVID-19 who otherwise would not normally receive such benefits, including independent contractors and other so-called gig workers.

New California Sexual Harassment Legislation Will Make It More Difficult for Employers to Resolve Claims

In the waning days of his final term of office and on the last possible day under the legislative calendar, on September 30, 2018, California Governor Jerry Brown signed a trio of bills into law that should have a dramatic effect on the ability of workers to bring claims for harassment and discrimination in the workplace.

California Court Rules on Whether to Compel Arbitration Where Employer Could Not Authenticate Employee’s Electronic Signature

Ruiz v. Moss Bros. Auto Group., Inc., No.E057529 (December  23, 2014): Challenges to the validity and enforcement of arbitration agreements continue to be a hotly litigated area of California wage and hour law, specifically in class and representative actions. In another such example, the California Court of Appeal, Fourth Appellate District, recently affirmed a trial

California Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions

Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one franchisee employee directed toward another franchisee employee. The state high court

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the Civil Rights Act of 1964 by barring male sheriff deputies from supervising female inmates at county jails. The three-judge panel held that the SFSD had failed to prove that its discriminatory policy was justifiable under the “bona fide occupational qualification” (BFOQ) exception. The Ninth Circuit remanded the case to the trial court for further review.

One-Sided Arbitration Agreement Found Unconscionable by California Court

A California Court of Appeal recently held that an arbitration agreement was unenforceable because it was unconscionably one-sided. The agreement, which was required to be signed by all job applicants, was unenforceable because it required arbitration of employment issues such as discrimination, but allowed the employer access to the courts for disputes over trade secrets and unfair competition.

California Overtime Laws Extended To Visiting Employees

Court Finds Labor Code Applies Even To Short Assignments A unanimous California Supreme Court recently held that California-based employers must pay out-of-state resident employees pursuant to the more restrictive provisions of the California Labor Code even if these employees only visit the state on a limited, temporary basis. The unanimous decision held that the state’s

California Supreme Court Extends Reach of State’s Wage and Hour Laws to Out-Of-State Employees Temporarily Working Within the State

On June 30, 2011, a unanimous California Supreme Court ruled that California-based employers must pay out-of-state resident employees pursuant to the more restrictive provisions of the California Labor Code even if these employees visit the state on a limited, temporary basis. The unanimous decision held that the state’s overtime laws were intended by the California