Overview of Anti-SLAPP California’s Anti-SLAPP law protects against low-merit lawsuits designed to chill exercise of “a person’s right of petition or free speech” about “a public issue”. Example: If a person sues their former employer for having engaged in systemic wage discrimination and employer files a “counter-suit” with frivolous claims…
California Strongly Supports Individuals’ Rights To Pursue Their Profession In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., employer AMN sued former employees (nurse recruiters) whom had quit to work for Aya Healthcare. The Fourth Appellate District agreed with the trial court’s determination, siding with the nurse recruiters, that California…
Recent amendments to California employment law change the rules for resolving sex harassment litigation. In our prior post on SB 1300, we looked at a number of substantive changes strengthening California anti-harassment law. Here, we look at three recent changes to California (and note a federal law) that impact confidentiality…
California Anti-Harassment Laws Strengthened by SB 224.
California enacted several new laws for 2019 relating to sexual harassment. We will examine some of these new laws in the coming weeks. The first and most important bill enacted was Senate Bill 1300. SB 1300 changes and broadens the Fair Employment and Housing Act. The Legislature here sends a…
New California authority controls classification of workers as employees versus independent contractors. Under the recent Dynamex decision, California workers will now be regarded as “employees” rather than “independent contractors” unless a three-part test is met by the company. Dynamex Worker Classification Change: Dynamex is a courier service that classified its…
California Employment Law continues to evolve. This is a summary of new laws and amendments for 2018. New California Laws and Amendments: Minimum Wage Increase. 0-25 employees: increase from $10 to $10.50 per hour. 26+ employees: increase from $10.50 to $11 per hour. SB 3. Parental Leave (Small Employers). California…
Last month, the California Supreme Court held that an arbitration agreement that bars right to seek public injunctive relief is unenforceable as contrary to California public policy. In McGill v. Citibank, N.A., the Court distinguished between class action waivers (and the waiver of the right to public injunctive relief. The Court held that…
California courts of appeal continue to deny arbitration for PAGA claims (the Private Attorney’s General Act of 2004 [Labor Code section 2698, et seq.]) In Tanguilig v. Bloomingdale’s (2016) 5 Cal.App.5th 665, and Hernandez v. Ross Store (2016) 7 Cal.App.5th 171, the Court of Appeal applied and amplified Iskanian v….
