In the recent decision of Kruitbosch v. Bakersfield Recovery Services, Inc. (CA5 F087809 partial pub. 9/8/25), a California court held that, although sexual harassment by a co-worker outside the workplace was not “work-related,” the employer’s ...
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Responding to Personnel File Record Requests — Avoid Oversharing!
Labor Code Section 1198.5 provides that current and former employees (or a representative) have the right to inspect and receive a copy of their personnel file and records that relate to the employee’s performance or to any grievance concerning the ...
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Severance Agreements: The Importance of Minding Your P’s and Q’s
When it comes time to terminate an employee or institute a reduction-in-force or layoff, many companies choose to offer severance to help the separated employee transition to future employment. Indeed, the offer of severance pay and/or reimbursement ...
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Court Strikes Down Employer-Friendly Defense in PAGA Actions
Employers who are sued under the Private Attorneys General Act of 2004 (PAGA) have limited arguments toward dismissal of PAGA claims. Thanks to the California Supreme Court, companies may now have one less weapon in their arsenal when it comes to ...
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Cautionary Tale: Delay in Payment of Arbitration Fees Can Result in Waiver of Right to Proceed in Arbitration
A recent court of appeal decision in the case of Cvejic v. Skyview Capital, LLC is a stark reminder of the need for employers and their counsel to “pay attention” and promptly pay arbitration fees or risk waiving the hard earned right to ...
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Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims
In a closely watched case, the U.S. Supreme Court provided some welcome relief to California employers with arbitration agreements this week. The Court held that arbitration agreements that bar employees from pursuing representative claims under the ...
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Employer Victory on Favorable Method for OT Calculations
A California Court of Appeal recently rebuffed a long-held Division of Labor Standards Enforcement (DLSE) enforcement position on how overtime must be calculated for dual-rate employees, opening the door for use of the “rate-in-effect” method ...
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EEOC Releases Updated Guidance on COVID-19 for Employers
Businesses are beginning to regain their footing after closure due to the COVID-19 pandemic. As businesses work to reopen, employers must inevitably weigh their growing economic losses and public health concerns with shielding themselves from ...
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