Uber Loses Its Challenge to Collective PAGA Standing

​Employees can continue pursuing their collective claims over labor violations even when their individual claims go to arbitration, the California Supreme Court recently ruled. In Adolph v. Uber Technologies, the court concluded... Read more »

Public Employee Can Contest Loyalty Oath on Religious Grounds

​Takeaway: The defendant argued that it could not accommodate the plaintiff because this would violate state law. The court found that federal law has supremacy over state law, and thus the failure... Read more »

Worker Who Didn’t Apply for Position Loses Failure-to-Promote Claim

​Takeaway: This case clarifies that an employee must apply for a position in order to claim that she was not selected for it. At the same time, another court might find it... Read more »

An ‘AI Summer’ in California?

​What’s in store for artificial intelligence (AI) in California? Will there be an “AI summer” hiatus as the state assembly recommends, or will legislation and regulatory proposals go forging ahead? Regardless of... Read more »

5th Circuit Will Reconsider Ruling Against Elon Musk About His Tweet

​The full 5th U.S. Circuit Court of Appeals will rehear a 5th Circuit panel’s decision finding that a tweet by Elon Musk, CEO of Tesla Motors and owner of X Corp. (formerly... Read more »

Pay Attention to Prohibition on Comp Time for Nonexempt Workers in Private Sector

​Comp time is allowed in the public sector, but private-sector employers are prohibited from offering future paid time off to nonexempt employees in lieu of complying with the overtime requirements of the... Read more »

Company Liable for Employees’ Work-from-Home Expenses Incurred During Pandemic

​Takeaway: Employees in California who, following a March 2020 order from Gov. Gavin Newsom, were forced to work from home due to the COVID-19 pandemic were entitled to reimbursement from their employer... Read more »

AI Algorithms in Spain Look for Sick-Leave Fraud

​In 2018, unbeknownst to most employees, Spain’s social security system deployed an artificial intelligence algorithm to analyze the sick-leave claims among Spanish employees and flag unusual patterns as potential sick-leave fraud. The... Read more »

What Employers Should Know About the Updated Form I-9

Editor’s Note: This article has been updated. U.S. Citizenship and Immigration Services (USCIS) announced Friday a new Form I-9—which has been streamlined and shortened—that employers should use beginning Aug. 1, 2023. Employers may continue... Read more »

A California Labor Agency Returns, and Employers Will Feel the Impact

​California has re-established the Industrial Welfare Commission (IWC), an agency that can develop strict industry-specific rules that may affect wages, working conditions and workers’ rights. This move could help the Legislature get... Read more »
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