Employment Litigation

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In response to the COVID-19 emergency and stay-at-home orders, Mayor Eric Garcetti signed two new ordinances into law.  Both ordinances will become effective on June 14, 2020.

The Right to Recall Ordinance dictates rehire protocol to select employers, providing guidelines based on seniority for select employers that laid off workers during the COVID-19 crisis.

The…

Governor Gavin Newsom issued an executive order on May 6, 2020 that creates a rebuttable presumption that employees working outside the home who contract COVID-19 became infected at work. They would therefore be entitled to workers’ compensation benefits.

Here’s how the presumption works. An employee will be presumed to have contracted the virus at work…

Following the April 7, 2020 Worker Protection Order issued by Los Angeles Mayor Eric Garcetti, the Los Angeles County Board of Supervisors passed an Ordinance adding additional safeguards for workers (defined as an “employee or an independent contractor, that either physically works at a retail location that is open to the public and sells groceries,…

Gig economy giants Uber and Postmates failed to convince U.S. District Judge Dolly Gee that she should grant an injunction to prevent enforcement of AB-5.  While seeking to halt enforcement of AB-5, the companies concurrently contend that the law does not apply to their drivers.  In case you’re just tuning in, AB-5 creates a legal…

AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect.  On January 31, 2020, she issued a preliminary injunction extending the ban, and promised to explain her…

AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. She did so in response to a lawsuit by the California Chamber of Commerce and other employer groups arguing…

We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect on January 1, 2020. Judge Mueller ruled that the employer groups bringing the…

We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys to ensure that their clients have continued access to employee-friendly juries, rather than to arbitrators with experience understanding and applying the relevant law. We’ve written…

Our Labor & Employment team has been busy this fall! As loyal readers, your inboxes have been filled with our updates on all the changes to California employment laws.  This legislative session ended on October 14th, so we thought it would be helpful to recap the changes you should have on your radars.   These new…