Author Archives: Jay Butchko
Prevailing Employer in California May Recover Costs in FEHA Claims—But Only if that Claim was “Objectively Frivolous”
In January 2024, the California Fourth District Court of Appeal issued an instructive decision in the case of Neeble-Diamond v. Hotel Cal. By the Sea, LLC. The court reversed the award of costs that had been entered in favor of an employee in a Fair Employment and Housing Act (FEHA) claim. The court emphasized… Read More »
Notice for Employers in California: Updates to the State’s “Time of Hire” Pamphlet
As explained by the California Employment Development Department (EDD), employers are required to distribute specific pamphlets to new hires that detail various employee rights and benefits. There are six required notices: Unemployment Insurance Workers’ Compensation Rights and Benefits Paid Family Leave Rights of Victims of Domestic Violence, Sexual Assault and Stalking Sexual Harassment State… Read More »
Which Employment Laws Apply When an Employer in California Hires a Remote Worker?
Remote work is on the rise. According to data cited by Forbes magazine, 12 percent of full-time U.S. workers are fully remote. Another 28 percent of full-time employees work under a hybrid model. This raises an important question for an employer: What employment laws apply if you hire a fully remote worker in another… Read More »
Proposed California Employment Law: The Right to Disconnect
Recently, California State Assemblymember Matt Haney—a Democrat representing San Francisco—introduced Assembly Bill 2751 (AB 2751) in the state legislature. The proposed legislation would create a “right to disconnect” in California. In other words, it would limit an employer’s ability to reach out to an employee regarding a workplace matter during off hours. Here, our… Read More »
Conducting a Background Check of a Job Applicant in California? You Must Comply with the Federal and State Law
As an employer, you may consider conducting a background check on a job applicant. While it is permissible to do so, there are strict federal and state regulations that employers must follow. Employers that violate background check laws could face liability. Here, our California workplace solutions attorney for employers provides an overview of state… Read More »
Grocery Store Owners in California Held Liable for Nearly $450,000 for Unpaid Overtime (A Lesson for Employers)
On April 18, 2024, the Department of Labor (DOL) announced that the owners of three grocery stores in California were liable for nearly $450,000 in civil damages for overtime violations. Notably, the DOL imposed liquidated damages in this case—meaning the employer was hit with financial sanctions that were double the amount of wages originally… Read More »
Proposed California State Senate Bill Seeks to Recognize “Intersectionality” Approach for Workplace Discrimination Claims
In February 2024, California State Senator Lola Smallwood-Cuevas introduced a bill that seeks to recognize “”intersectionality”” in the ‘state’s employment discrimination laws. Senate Bill 1137 (SB 1137) would introduce new language into the California Fair Employment and Housing Act (FEHA) that would specify that the law “”includes discrimination not just because of one protected… Read More »
Liberty Reserve Mortgage Faces Proposed Class Action Wage and Hour Law
As reported by HousingWire, Liberty Reverse Mortgage—a financial services company with a main office in Rancho Cordova, California—is facing a proposed class action wage and hour lawsuit from a group of employees. The workers contend that the company violated state regulations regarding meal breaks, rest breaks, and off-the-clock work. Here, our California wage and… Read More »
Study: AB 5 May Have Reduced Total Employment in California
According to a recent study published by the Mercatus Center at George Mason University, Assembly Bill 5 (AB 5)—a California law that tightened rules for worker classification—may have contributed to a reduction in total employment in the state. Within this article our California employment lawyer provides an overview of AB 5 and highlights the… Read More »
California Appellate Court Invalidates Employee Arbitration Clause on Grounds of Unconscionability
On December 21, 2023, the Third Appellate District Court of the State of California invalidated an ’employee’s mandatory arbitration clause. In the case of Hasty v. American Automobile Association of Northern California, Nevada & Utah, the appellate court determined that enforcement of the workplace arbitration provision in question would be “”unconscionable”.” Here, our Riverside… Read More »
