A California employment law that gives workers more leverage when they’re mistreated by employers has caught the attention of the U.S. Supreme Court, and the docket reflects a flurry of arguments filed by many interested parties — often representing businesses. As advocates for California workers, we’re following the issue closely. The high court is expected to make a decision by the summer. At issue: The California Private Attorneys General Act, better known as PAGA, which provides a way … [Read more...]
Whistleblower plaintiffs score win in California Supreme Court
In a significant ruling for California workers, the California Supreme Court recently clarified that a whistleblower retaliation plaintiff and others like him have a lower bar to sue their employers. The high court’s Jan. 27 ruling came after the U.S. Court of Appeals for the Ninth Circuit asked it to clear up California courts’ mixed approach to what evidentiary standard applies in these cases. Some courts have applied the McDonnell Douglas test — named for the 1973 U.S. Supreme Court … [Read more...]
No end in sight: The confusing, costly battle over gig workers continues
The California law meant to protect Uber and Lyft drivers, as well as other gig workers, remains embattled and uncertain on multiple fronts. We’re watching to see how the U.S. Solicitor General responds, but every development seems to spark more questions than answers. Here’s a rundown: The law, which took effect in 2020 but quickly faced challenges that put it in limbo, was intended to prevent companies from denying employment protections and benefits to their workers by misclassifying … [Read more...]
Optical lens company’s disclosures don’t bar FCA suit, court says
A federal appeals court recently ruled in favor of a California whistleblower, reviving his False Claims Act suit against his former employer, progressive lens manufacturer Shamir USA. The ruling hinged on a determination of whether the company’s prior public statements about its rewards program — which the whistleblower alleged violated the FCA and Anti-Kickback Statute — barred the lawsuit. On Feb. 3, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed the … [Read more...]
Vaccine mandates in the workplace: What employees should know
Note: This article has been updated to reflect the U.S. Supreme Court’s Jan. 13, 2022 rulings in two vaccine mandate cases. As efforts to increase the number of Americans who are vaccinated against COVID-19 ramp up, employees can expect to see more vaccine mandates in their workplaces. Over the summer, the California Department of Public Health issued orders requiring certain covered health care facilities and school districts to verify their employees’ vaccination status and implement … [Read more...]
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