News & Updates
New Restrictions on Considering Criminal History
By Marie Hulen, Esq. California business owners should be aware that as of October 1, 2023, new regulations are in effect regarding the use of criminal history information when making employment decisions. Though many rules already exist restricting the consideration of criminal history before this update, these are brand new rules. California employers should...
Adolph v. Uber Technologies, Inc. and What it Means for California Employers
By Jake Keller In July, the California Supreme Court decided a long-awaited case involving Uber in a way that will present new challenges for employers. The case involves yet another issue related to application of California’s Private Attorney General Act, which gives rise to problematic “PAGA” claims. PAGA claims have similarities to class actions in...
DUNN DESANTIS WALT & KENDRICK ATTORNEYS SELECTED FOR BEST LAWYERS IN AMERICA®
Dunn DeSantis Walt & Kendrick attorneys Kevin V. DeSantis, James A. McFaul and David D. Cardone have been selected by their peers for inclusion in the 30th Edition of The Best Lawyers in America.® DeSantis, who is managing partner of the firm, received the Best Lawyers designation in the fields of Commercial Litigation, Legal Malpractice Law...
California Supreme Court Expands Whistleblower Protections for Employees
By Casey L. Helton, Esq. Labor Code § 1102.5(b) prevents an employer from retaliating against an employee for disclosing information that the employee reasonably believes is a violation of or noncompliance with a law or regulation to a person with authority over the employee. This section applies to employees who report perceived workplace violations externally...
Individual PAGA Claims Are Subject to Arbitration Agreements
By Anayeli Zavala, Esq. In 2004, California passed the Private Attorney’s General Act of 2004 (“PAGA”), which allows California employees to file an individual claim for harm suffered under the California Labor Code and a non-individual, representative claim on behalf of other employees who have suffered the same harm. In PAGA lawsuits, the employees act...
Day Rates are not Salary
By Cameron R. Neubauer, Esq. A recent case decided by the United States Supreme Court is prompting employers everywhere to examine the manner in which “daily rate” employee compensation is calculated and paid. In Helix Energy Solutions Group, Inc. v. Hewitt, the Court held that a high-earning professional can only be an overtime-exempt employee if...
Dunn DeSantis Walt & Kendrick Attorneys named as 2023 Super Lawyers
The law firm of Dunn DeSantis Walt & Kendrick is pleased to announce that Kevin V. DeSantis and James A. McFaul have been selected as 2023 Super Lawyers. Each year no more than 5 percent of the lawyers in the state are selected to receive the honor of being included in the Super Lawyers list. ...
What Does California’s Changing Arbitration Law Mean for Employers?
By Brett M. Johnson, Esq. Recently, an important change happened in California employment law. It resulted from a decision by the Ninth Circuit Court of Appeals regarding the practice of requiring employees to arbitrate disputes with their employers. The decision in U.S. Chamber of Commerce vs. Bonta reversed course for California employers and made clear...
Employment Law Alert: Ninth Circuit Rules That Federal Arbitration Act Trumps California Prohibition On Mandatory Arbitration Agreements With Employees
California employers will recall that in late 2019, California Governor Gavin Newsom signed Assembly Bill 51 (“AB 51”) into law. AB 51 essentially outlawed the practice of requiring employees to sign arbitration agreements with their employers. Prior to that, requiring employees to agree to arbitrate disputes with their employers was a well-accepted risk management tool...
2023 Employment Law Update
It’s that time of year again. A bevy of changes to employment law affecting California businesses is just around the corner. The recent session of the California Legislature produced a number of new laws that California employers must comply with in 2023. State and federal courts have also issued decisions that will impact California employers....
