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 …
U.S. Supreme Court to Decide Whether California Courts Have Discretion to Not Enforce Arbitration Agreements With Substantively Unconscionable Provisions
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 …
Is a Franchisee an Ostensible Agent of a Franchisor? — California Court Denies Summary Judgment on This Theory
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 …
"My Boss is Making Me Sick!" California Appellate Court Denies Anxious and Stress-Ridden Employee Relief Under The FEHA
8/6/15
By: Allison Shrallow
If you have not muttered “my boss is making me sick” at some point in your life, consider yourself lucky. As for the millions of California employees who have suffered at the hands of a tyrant, while …
California’s Paid Sick Leave Law – A New Headache for California Employers
7/22/15
By: Kacie L. Manisco
California’s newly enacted Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) can be added to the lengthy list of laws creating major headaches for California employers. The statute, which requires virtually all California employers to provide …
The California Employers’ Eroding Leverage in Employment Litigation
7/6/15
By: Lisa Gorman
On May 4, 2015, the California Supreme Court chipped away, yet again, at the small amount of leverage employers had when facing meritless employment lawsuits. Prior to the California Supreme Court’s ruling in Winn Williams v. Chino …
How Much Control Is Too Much Control? When On-Call Time Becomes “Hours Worked”
3/12/15
By: Allison L. Shrallow
Recently, the California Supreme Court provided guidance on an important question in employment law: How much employer control turns on-call time into “hours worked?” In enacting its on-call policy, an employer must determine whether it is …