California Employment Law Notes

California Law Does Not Apply To Remote WorkerSaberin v. Alation, Inc., 122 Cal. App. 5th 165 (2026)
 
Hundreds Of Employees May Join Their Racial-Harassment ClaimsSmith v. Superior Court, 121 Cal. App. 5th 607 (2026)
 
“Garden-Variety” Emotional-Distress Award Can Be Worth Millions Of DollarsGlick v. City of Los Angeles, 121 Cal. App. 5th 151 (2026)
 
$40 Million Trade Secrets Award Vacated Due To Trial Court ErrorComet Technologies USA, Inc. v. XP Power, LLC, 181 F.4th 988 (9th Cir. 2026)
 
Employee Gave Adequate Notice Of Religious Belief In Refusing COVID VaccinationWeiss v. The Permanente Med. Grp., Inc., 182 F.4th 1139 (9th Cir. 2026)
 
Employee Who Made No Protected Disclosure Was Not A WhistleblowerKrzesni v. Wellpinit Sch. Dist., 182 F.4th 1147 (9th Cir. 2026)
 
Prevailing-Party Attorneys’ Fees Include Reasonable Paralegal Fees (And AI-Hallucinations Are Bad!)Del Biaggio v. Bansen, 121 Cal. App. 5th 831 (2026)
 
Unrepresented Party May Be Awarded Discovery Sanctions Even Without Proof Of Actual ExpensesDamak v. Superior Court, 121 Cal. App. 5th 792 (2026)
 
Employer’s Right To Seek Workplace-Violence Restraining Order Cannot Be Waived By Private ReleaseAdelanto Elementary Sch. Dist. v. Krause, 121 Cal. App. 5th 699 (2026)
 
Corporate Officer Did Not Lose Agent’s Immunity Merely By Acting For Personal GainMultiple Energy Technologies, LLC v. Casden, 183 F.4th 1149 (9th Cir. 2026)
 
Medical Staffing Company Owed No Duty Of Fair Procedure Before Removing PhysicianStallion Springs Med. Services v. Superior Court, 2026 WL 2593327 (Cal. Ct. App. 2026)
 
Employee Did Not Waive Litigation Right By Arbitrating Before “Discovering” She Had Been Sexually HarassedDing v. Structure Therapeutics, Inc., 2026 WL 2420555 (9th Cir. 2026)
 
Sexual-Orientation Harassment Claim Was Exempt From Arbitration Under EFAADecloedt v. RadNet Mgmt., Inc., 121 Cal. App. 5th 732 (2026)
 
EFAA Did Not Apply To Sexual Harassment Dispute That Arose Before Statute’s Effective DateCombs v. Netflix, Inc., 180 F.4th 1201 (9th Cir. 2026)
 
Employer Waived Arbitration By Litigating Before Seeking To CompelMitchell v. Lilac Solutions, Inc., 2026 WL 2443955 (Cal. Ct. App. 2026)
 
Second Motion To Compel Arbitration Was Unauthorized Motion For ReconsiderationHickenbottom v. Medical Solutions LLC, 2026 WL 2511310 (Cal. Ct. App. 2026)
 
Separate Confidentiality Agreement Rendered Arbitration Agreement UnconscionableCluck v. GEO Secure Services, LLC, 122 Cal. App. 5th 249 (2026)
 
Arbitration Clause Was Too Narrow To Cover Wrongful Termination ClaimsMorales v. Superior Court, 122 Cal. App. 5th 239 (2026)
 
Employee Was Bound By Customer Arbitration Agreement For Off-Duty RideWilkins v. Cruise, LLC, 121 Cal. App. 5th 927 (2026)

on September 2026

Here We Go Again: California’s Minimum Wage Is Headed Up to $17.40

From California Employment Law Update on 09/14/2026

Apparently, “It Ends With … $407,000” A Blake Lively/Justin Baldoni Update for Employers

From California Employment Law Update on September 1, 2026

There They Go Again! California Launches Another Attack on Arbitration

From California Employment Law Update on August 24, 2026

What To Know About Worker-Friendly 9th Circ. EFAA Ruling

Partner Tony Oncidi discusses the Ninth Circuit's recent Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) ruling with Law360 Employment Authority, noting that courts are "completely conflating" gender-based discrimination and harassment claims and "obliterating any difference" between the two. Tony also addresses the potential for eventual U.S. Supreme Court review of the EFAA's scope.

From Law360 Employment Authority on August 21, 2026

Life in WarnerMount Purgatory

Partner Tony Oncidi is quoted discussing the lawsuit the Firm recently filed on behalf of Warner Bros. Discovery (WBD) against Amazon over its hiring of an employee who was under contract to WBD, as well as the evolving California law governing employee mobility and restrictive covenants. He highlights WBD’s position that fixed-term employment agreements provide executives with “security and certainty” while supporting workforce stability and business planning and that a third party’s interference with such contracts is tortious activity under California law.

From Puck News on August 4, 2026

Court Limits “Get Out of Arbitration Free” Card for “Implausible” Sexual Harassment Claims

From California Employment Law Update on July 30, 2026

California Local Minimum Wages Rise Again—By Up to 3.7%

From California Employment Law Update on July 28, 2026

Anthony Oncidi Named to Billboard’s 2026 ‘Top Music Lawyers’ List

on July 20, 2026

Daily Journal Names Gregory Knopp and Anthony Oncidi 2026 ‘Top Labor & Employment Lawyers’

on July 8, 2026