News & Updates
2024 Employment Law Update
As 2024 begins, California employers face a variety of new policies and laws that may impact their businesses. The most recent session of the California Legislature resulted in new laws with which California employers must comply in 2024. State and federal courts and federal administrative agencies have also issued decisions that impact California employers. We...
New Law Does California Employers No Favors
By Evan K. McNally, Esq. On October 8, 2023, Senate Bill 497 (“SB 497”) was signed into law by Governor Gavin Newsom. The bill, also known as the Equal Pay and Anti-Retaliation Protection Act, amends the California Labor Code and makes it less difficult for employees to establish retaliation. SB 497 will go into effect...
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...