A recent appellate decision provides a victory for California employers that seek to limit wage and hour liability. The Court in La Kimba Bradsbery, et al. v. Vicar Operating, Inc. recently ruled that revocable, prospective meal period waivers for ...
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Employment Litigation
Employers Should Be Cautious Before Relying on a Claim of “Undue Hardship” to Deny an Employee’s Request for Accommodation
California employers are required to engage in an interactive process and reasonably accommodate the known disabilities of employees and applicants to permit them to perform the essential functions of a position. However, employers are not required ...
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The Little Things Matter in Enforcing Employment Agreements
When an employee is hired, they are required to sign and acknowledge their understanding of, and agreement to, a number of important policies that become a part of the employment relationship. This often includes an arbitration agreement and waiver ...
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Public Employers Not Subject to PAGA, Private Employers Must Still Comply
Originally published for HR California
California’s Private Attorneys General Act (PAGA) allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees and the state of California for Labor ...
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California Supreme Court Affirms that Single Use of N-Word Can Be Severe Enough to Constitute Harassment Under FEHA
On July 29, 2024, the California Supreme Court issued an opinion in Bailey v. San Francisco District Attorney’s Office reaffirming that the single use of a racial epithet can be severe enough to constitute actionable harassment under the California ...
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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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California Supreme Court Upholds Good Faith Defense to Alleged Wage Statement Violations
Alleged wage statement violations are a staple of complaints in class action litigation and claims under the Private Attorneys General Act (PAGA). Labor Code section 226 requires that a wage statement accurately state nine categories of information, ...
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PAGA Reform Creates Opportunities and Challenges for California Employers
As has been widely publicized, emergency legislation has been passed to reform the Private Attorneys General Act of 2004 (“PAGA”).
As most California employers know, PAGA allows an individual employee to collect civil penalties on behalf of the ...
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