9/2/16
By: Dennis Strazulo and Kacie Manisco
It is now well-established that class-action waivers contained in employment arbitration agreements are valid and enforceable in California. But who decides whether class-action claims can be arbitrated when an agreement is silent on the …
Accommodating the Non-Disabled Under California Disability Law
9/2/16
By: Lisa Gorman
In Castro-Ramirez v. Dependable Highway Express, Inc., Plaintiff’s son needed a kidney transplant and required daily home dialysis treatments. Plaintiff was the only person in his household who knew how to operate the dialysis machine. Plaintiff’s son …
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …
San Francisco Mandates Paid Parental Leave
4/28/16
By: Kacie Manisco
The United States is the only developed country in the world that does not provide paid parental leave. In addition, unless an employer is covered under the Family Medical Leave Act (“FMLA”) or the California Family Rights …
California's New Fair Pay Act Drastically Expands Employers' Potential Liability
2/1/16
By: Julie Marquis and Allison Shrallow
As California’s new Fair Pay Act (SB 358) took effect January 1, 2016, California employers should expect to see a significant increase in pay discrimination claims. Under the Act, an employee paid less than …
The Gig Economy, Uber, and the Future of Worker Classification
1/21/16
By: Behnam Salehi and Allison Shrallow
The “gig economy” is a unique business model in which companies connect consumers to various services through internet platforms. Instead of hiring employees to perform the services, most “gig economy” employers hire independent contractors …
Zenefits Offering Payouts to Former Employees Not Paid Out for PTO
12/17/15
By: Allison Shrallow
The perks of working at a startup know no bounds. From restaurant-quality meals, in-office massages, yoga classes, transportation, and beer and wine on tap to game rooms, dog-friendly offices, and casual dress code, startup culture blurs the …
A Bumpy Road Ahead: More Uber Drivers to Join Misclassification Class Action Lawsuit
12/11/15
By: Allison Shrallow
Living in San Francisco, the mecca of all things tech, can make a person very accustomed to getting everything on-demand. Need groceries? Use Instacart. Want someone to clean your home? Try Handy. Looking for a date? Consider …
California, Again, Amends its Data Breach Notification Statute
10/23/15
By: Kacie Manisco
On October 6, 2015, Governor Jerry Brown signed into law three separate bills amending California’s Data Breach Notification Statute. Together, the amendments, which take effect on January 1, 2016, expand the definition of “personal information,” provide a …
10/12/15
By: Allison Shrallow
In 2013, a California district court denied Defendants’ Motion to Compel Arbitration in a case entitled Thomas Zaborowski, et al. v. MHN Government Services, Inc., et al. This case involved an arbitration agreement which: (1) required …
10/6/15
By: Allison Shrallow
On September 25, 2015, the United States District Court for the Northern District of California granted in part and denied in part McDonald’s USA and McDonald’s Corporation’s Motion for Summary Judgment in the case Stephanie Ochoa, et …
New California Law: Requesting an Accommodation is a “Protected Activity”
10/5/15
By: Allison Shrallow
As the law now stands, it is exceedingly difficult for an employer in California to defeat a retaliation claim. To establish a prima facie case, an employee need only establish he engaged in protected activity and shortly …
