Tag: California Supreme Court

Public Employees: New Case Makes It Easier for Public Workers to File Lawsuits for Bias-Related Claims

Last year, the California Supreme Court made it easier for public employees to sue over job bias by ruling that they can bypass their employers’ internal grievance process and file a discrimination complaint directly with the state Department of Fair Employment and Housing (DFEH). Now a California appeal court has clarified an issue left open […]

Bulletin Item: Ruling On Deductions From Employee Bonuses Stands

Earlier we reported on a California appeal court ruling challenging Ralph’s Grocery Co.’s practice of subtracting certain expenses—including the store’s workers’ compensation costs and cash and merchandise shortages—when calculating employee profit-based bonuses. Now the California Supreme Court has declined to review the appeal court ruling holding that the grocer’s practice violated various Labor Code and […]

Legislation Special Report: Wage And Hour

Wage and Hour Appeals AB 223 makes it harder for employers to recover attorney’s fees and costs in connection with an employee’s appeal from a labor commissioner wage and hour ruling. If the court awards the employee a sum greater than zero in the appeal, the appeal is successful and the employer can’t recover its […]

Pension Plans: County Pension Calculation Ruling Is Retroactive; Huge Costs for Employers

Several years ago, the California Supreme Court ruled that under the County Employees’ Retirement Law, counties have to include all types of monetary compensation-such as cash payments for bilingual premium pay, a uniform allowance, or cashed-out accrued vacation-when determining the amount on which an employee’s pension will be based.But some plan members took their counties […]

News Notes: Binding Arbitration Legislation Struck Down

In 2000, Sacramento lawmakers enacted SB 402, requiring counties and other local agencies to submit, under certain circumstances, to binding arbitration of economic issues that arise during negotiations with unions representing firefighters or law enforcement officers. Now the California Supreme Court has struck down the law, ruling that it interferes with state constitution provisions giving […]

Disability Bias: California Provides Broader Protection than the ADA for Employees with Physical Disabilities; What You Should Know

Over the last few years, the U.S. Supreme Court has issued several rulings narrowing the definition of what constitutes a disability under the federal Americans with Disabilities Act (ADA). Now, the California Supreme Court has ruled that California’s Fair Employment and Housing Act (FEHA) affords workers broader protections than the ADA.

News Notes: Sacramento Lawmakers Introduce Harassment Bill

A new bill introduced in the state Legislature would expand the antiharassment provisions of the California Fair Employment and Housing Act (FEHA) to require employers to protect workers from harassment by clients and customers. A.B. 76 is a response to a recent court ruling that employers aren’t liable under the FEHA for harassment by clients […]

Recruiting Employees: Supreme Court Says You Can Be Bound by Out-of-State Noncompete Agreements; Practical Impact

Most California employers know that agreements that restrict employees from competing with former employers are illegal and that California courts won’t enforce them. But because of a new California Supreme Court ruling, it is now riskier for you to hire someone who has signed a noncompete clause with a company from another state. This new […]