November 2021 Employment arbitration agreements continue to be a hot button issue in California. We recently highlighted a ruling by the Ninth Circuit that upheld AB 51, California’s ban on mandatory employment arbitration agreements. While the AB 51 decision was bad news for employers, the newly decided Martinez-Gonzalez v. Elkhorn Packing Co. LLC provides some relief. The representative plaintiff in the Elkhorn Packing case was a former farm laborer who worked for Elkhorn Packing Company (“Elkhorn”), a farm labor contractor. The plaintiff brought a class action claim for wage and hour violations. Elkhorn moved to compel arbitration and the […]

    October 2021   As 2021 winds down, California has yet again passed a host of new employment laws that has been signed by Governor Newsom.  Most of these new laws will take effect on January 1, 2022. The new employment laws cover a wide swath of issues, including medical leave, wage theft, settlement and severance agreements, Cal/OSHA regulations, and, of course, COVID-19.   CHANGES TO THE CALIFORNIA FAMILY RIGHTS ACT (CFRA) Last year, California enacted sweeping changes to the California Family Rights Act (CFRA).  The CFRA is the California equivalent to the federal Family and Medical Leave Act […]

October 2021 In response to what has been described as an extreme shortage of affordable housing in the City of Los Angeles, the City has adopted civil and criminal remedies to curb unlawful harassment against tenants. As explained below, the new statute increases liabilities and risk to residential landlords. On August 6, 2021, the City passed an ordinance adding Article 5.3 to the Los Angeles Municipal Code establishing a Tenant Anti-Harassment Ordinance, and Section 151.33 incorporating the protections in the City’s Rent Stabilization Ordinance. The Tenant Anti-Harassment Ordinance is purported by the City to be in response to a 2018 […]

September 2021   Mandatory Vaccination Policies are Likely Legal in Some States, but Should Your Business Implement Them_   For more information contact: Matthew Wallin   mwallin@gibbsgiden.com (310) 552-3400 Matthew Wallin is a senior associate in the Los Angeles office where he practices labor and employment law.  He has extensive experience defending private business and public entities in litigation and advising clients on labor compliance issues.     Or Missy L. Griffin mgriffin@gibbsgiden.com 669-209-7977 Missy Griffin is an associate in the San Jose office of Gibbs Giden where she represents clients in the areas of construction claims and litigation in addition […]

For the third year in a row Gibbs Giden has been honored by the Los Angeles Business Journal as one of the “Most Admired Law Firms to Work For 2021”. Read about it here.   

September 2021 A recent ruling by the Ninth Circuit may prevent employers from mandating arbitration agreements as a condition of employment. But the ruling leaves the door open for employees to voluntarily enter into such agreements. In late 2019, the California legislature passed Assembly Bill (AB) 51. AB 51 was enacted on January 1, 2020 and codified as Labor Code § 432.6. The law prevents employers from requiring employees or job applicants to enter into mandatory arbitration agreements for claims related to the Fair Employment and Housing Act and the California Labor Code. It also bars employers from retaliating against […]

September 2021      Mechanics Liens are a mainstay of California construction industry and law. These liens may seem commonplace, but they should not be taken for granted as they are an essential sword and shield for contractors of every level to use to make sure they get paid their due on a project. What Is A Mechanics Lien?      A mechanics lien is a lien on a piece of real property held by a mechanic, material supplier, artisan, and/or laborer of every class who has bestowed labor and/or materials to improve the property. See 1 Ca Mechanics’ Lien […]

Written by Keemia Tabrizi and Matthew Wallin August 2021 California employers are required to provide employees with paystubs for each pay period where an employee earned income. Labor Code section 226 (the “Code”) includes very specific information that must be included in every wage statement. Failing to include all of the required information on every wage statement can expose employers to substantial liability, as will be discussed below. I. WHAT INFORMATION MUST BE INCLUDED: The Code lists nine categories of information that must be included in every wage statement: (1) Gross wages (without deductions); (2) Total hours worked; (3) All […]