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Liability of Companies for Outsourced Workers under California Law

Hunter PyleJune 3, 2023June 27, 2023

Some businesses in California use other companies to provide their workers. The company that provides the workers is sometimes referred to as a “Labor Contractor.” Unfortunately, Labor Contractors may, for a number of reasons, stop paying their workers. The question then is whether the workers can sue the business that used the Labor Contractor for their unpaid wages.

In 2014, California enacted a statute to address this situation: Labor Code section 2810.3. Continue reading “Liability of Companies for Outsourced Workers under California Law” →

California’s Equal Pay Act — An Introduction

Hunter PyleApril 6, 2023

This post provides basic information about California’s Equal Pay Act, which is found in Labor Code sections 1197.5 and 432. The Equal Pay Act (or “EPA”) prohibits employers from paying employees less than employees of the opposite sex for equal work. As January 1, 2017, it also prohibits an employer from paying its employees less […]

Paid Sick Leave under California Law and PAGA

Hunter PyleMarch 3, 2023March 3, 2023

California’s Healthy Workplaces, Healthy Families Act of 2014 (Healthy Workplaces Act), which is found at Labor Code § 245, requires certain employers to provide their employees with at least three paid sick days per year. Employers that violate this law may be subject to a host of damages, including liquidated damages and civil penalties.

A recent case from the Fourth District Court of Appeal found that employees could bring a claim under California’s Private Attorneys General Act (PAGA) for violations of the Healthy Workplaces Act. Continue reading “Paid Sick Leave under California Law and PAGA” →

Meal Breaks for Public Sector and UC Health Care Workers

Hunter PyleFebruary 8, 2023

California law now guarantees meal breaks and rest periods to public sector and UC workers who provide or support direct patient care in a hospital, clinic, or public health setting.

Private sector nurses have been guaranteed meal breaks and rest periods for some time. However, public sector nurses have not enjoyed these basic protections, even though they perform the same job duties. Continue reading “Meal Breaks for Public Sector and UC Health Care Workers” →

Hunter Pyle Law Successfully Opposes Motion to Compel Arbitration

Katie FiesterJanuary 18, 2023

In a hard-fought victory, Hunter Pyle Law recently prevailed on opposing an employer’s Motion to Compel Arbitration. Hunter Pyle Law filed a wage and hour class action and representative action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of our client. The complaint seeks relief for nurses who worked throughout the state of […]

What is a “Disability” under California Law

Katie FiesterSeptember 30, 2022

Under California law, a “disability” is broadly construed. In the employment law context, an individual qualifies as having a “disability” under California law if the individual: 1. Has a physical disability, mental disability, special education disability, or medical condition that limits one of the major life activities of the individual; and 2. Has a record or […]

California Law Protects Employees with Potential or Perceived Disabilities

Katie FiesterSeptember 30, 2022September 30, 2022

While California law protects employees who are disabled, it also protects workers whose employers perceive them to have a physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. See Cal. Gov’t Code § 12926.1(b). In other words, California law protects workers from adverse employment actions because their employer […]

California Law Protects Workers Who Are Associated With a Disabled Person

Katie FiesterSeptember 30, 2022

California law prohibits an employer from taking an adverse action against an employee based on the employee’s association with a disabled person. See Cal. Gov’t Code § 12926(o). This is referred to as an “associational disability” claim. To prove an associational disability claim, an employee must prove that: (1) the “disability” from which they suffer […]

An Employer’s Duty to Provide a Reasonable Accommodation

Tanya TamblingSeptember 26, 2022September 26, 2022

Under the Fair Employment and Housing Act (FEHA), an employee must generally provide an employer notice of the need for a reasonable accommodation for his or her disability. Achal v. Gate Gourmet, Inc., N.D. Cal. 2015, 114 F.Supp.3d 781. There is no one set way to request an accommodation, but an employer is not required to provide a reasonable accommodation until it is aware of the employee or applicant’s disability and physical limitations. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation” →

What is a Reasonable Accommodation under California Law?

Natalia Ramírez LeeSeptember 22, 2022

Under California law an employer must make reasonable accommodations for the known disability of an employee or applicant. Cal. Gov’t Code §12940(m); Dep’t of Fair Emp. & Hous. v. Lucent Technologies, Inc., 642 F.3d 728, 743 (9th Cir. 2011). A reasonable accommodation under the Fair Employment and Housing Act (“FEHA”) is “a modification or adjustment […]