Four Proskauer Partners Named Among Benchmark Litigation’s 2027 Top 50 Labor & Employment Litigators

on November 11, 2026

California Employment Law Notes

Ninth Circuit Keeps California’s “Captive Audience” Meeting Ban on HoldCalifornia Chamber of Commerce v. Bonta, 2026 WL 3255527 (9th Cir. 2026)
 
White Employee’s Hostile Work Environment Claim Arising From City’s Race-Based DEI Programming Is RevivedDiemert v. City of Seattle, 2026 WL 2903699 (9th Cir. 2026)
 
Employee Waived EFAA Protection By Strategically Withholding His Sexual Harassment ClaimChin v. DoorDash, Inc., 123 Cal. App. 5th 1050 (2026)
 
Arbitration Agreement Not Governed By Federal Statute Is Unenforceable Under Labor Code § 432.6Molina v. Triumph Residential Servs., Inc., 2026 WL 3167633 (Cal. Ct. App. 2026)
 
Employee May Pursue “Headless” PAGA Action That Cannot Be Compelled To ArbitrationCastillo v. Belkorp AG, LLP, 2026 WL 3181371 (Cal. Ct. App. 2026)
 
Civil Rights Dept. May Investigate Claims Of Out-Of-State EmployeeCivil Rights Dep’t v. Space Exploration Techs. Corp., 123 Cal. App. 5th 89 (2026)
 
City Waived Privilege Over Fair Chance Act Assessments Prepared With Assistance Of CounselCivil Rights Dep’t v. City of Torrance, 2026 WL 3215987 (Cal. Ct. App. 2026)
 
Applicant Must Prove Harm From Employer’s Procedural Violation Of Fair Chance ActMcInerney v. Regents of the Univ. of Cal., 2026 WL 3059160 (Cal. Ct. App. 2026)
 
School District Violated Labor Code By Rejecting Applicants Based On Expunged Misdemeanor ConvictionsA.S. v. Los Angeles Unified Sch. Dist., 123 Cal. App. 5th 519 (2026)
 
Individual Supervisors Cannot Be Held Personally Liable For Retaliation Under Labor Code § 1102.5Chaudhry v. State of California, 123 Cal. App. 5th 690 (2026)
 
FEHA Does Not Alter Common Law Presumption Of Corporate SeparatenessVillasenor v. Schneiter, 2026 WL 3205537 (Cal. Ct. App. 2026)
 
Prevailing Employer Could Not Recover Costs Absent Finding That Employee’s FEHA Claims Were FrivolousSan Diego-Tomas v. Aspire Bakeries, LLC, 2026 WL 3181846 (Cal. Ct. App. 2026)
 
Unpaid Leave Was A Reasonable Religious Accommodation For Unvaccinated TeacherSmith v. Burbank Unified Sch. Dist., 123 Cal. App. 5th 1172 (2026)
 
Nurse’s Religious Exemption Letter Should Have Been Considered On Motion To DismissRidings v. PeaceHealth, 2026 WL 2871881 (9th Cir. 2026)
 
Hospital Established Undue Hardship In Denying Nurse’s Religious Exemption From Vaccine MandateMacDonald v. Oregon Health & Sci. Univ., 2026 WL 2966688 (9th Cir. 2026)
 
$7.8 Million Verdict For Employees Who Were Denied Religious Accommodation From Vaccine Mandate Is AffirmedLewis-Williams v. San Francisco Bay Area Rapid Transit Dist., 191 F.4th 981 (9th Cir. 2026)
 
PREP Act Bars Employee’s Challenge To City’s COVID-19 Testing And Masking PolicySchmidt v. City of Pasadena, 2026 WL 2980130 (9th Cir. 2026)

on November 2026

Proskauer Recognized in Benchmark Litigation 2027 Guide

on November 4, 2026

The Robots Are Here! California Enacts AI Restrictions For the Workplace

From California Employment Law on October 21, 2026

Three Proskauer Partners Named to The Hollywood Reporter’s 2026 Top Music Lawyers List

on October 14, 2026

California’s 2027 Employment Laws: More Rules, Higher Stakes

From California Employment Law Update on October 5, 2026

California Law Does Not Apply To Remote Worker

From California Employment Law on September 22, 2026

“Garden-Variety” Emotional-Distress Award Can Be Worth Millions Of Dollars

From California Employment Law on September 22, 2026

Hundreds Of Employees May Join Their Racial-Harassment Claims

From California Employment Law on September 22, 2026

$40 Million Trade Secrets Award Vacated Due To Trial Court Error

From California Employment Law on September 22, 2026

Employee Was Bound By Customer Arbitration Agreement For Off-Duty Ride

From California Employment Law on September 22, 2026

Separate Confidentiality Agreement Rendered Arbitration Agreement Unconscionable

From California Employment Law on September 22, 2026

Second Motion To Compel Arbitration Was Unauthorized Motion For Reconsideration

From California Employment Law on September 22, 2026

Arbitration Clause Was Too Narrow To Cover Wrongful Termination Claims

From California Employment Law on September 22, 2026

Employer Waived Arbitration By Litigating Before Seeking To Compel

From California Employment Law on September 22, 2026

EFAA Did Not Apply To Sexual Harassment Dispute That Arose Before Statute’s Effective Date

From California Employment Law on September 22, 2026

Employee Did Not Waive Litigation Right By Arbitrating Before “Discovering” She Had Been Sexually Harassed

From California Employment Law on September 22, 2026

Employer’s Right To Seek Workplace-Violence Restraining Order Cannot Be Waived By Private Release

From California Employment Law on September 22, 2026

Sexual-Orientation Harassment Claim Was Exempt From Arbitration Under EFAA

From California Employment Law on September 22, 2026

Medical Staffing Company Owed No Duty Of Fair Procedure Before Removing Physician

From California Employment Law on September 22, 2026

Corporate Officer Did Not Lose Agent’s Immunity Merely By Acting For Personal Gain

From California Employment Law on September 22, 2026

Prevailing-Party Attorneys’ Fees Include Reasonable Paralegal Fees (And AI-Hallucinations Are Bad!)

From California Employment Law on September 22, 2026

Unrepresented Party May Be Awarded Discovery Sanctions Even Without Proof Of Actual Expenses

on September 22, 2026

Employee Gave Adequate Notice Of Religious Belief In Refusing COVID Vaccination

From California Employment Law on September 22, 2026

Employee Who Made No Protected Disclosure Was Not A Whistleblower

From California Employment Law on September 22, 2026

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

California Employment Law Notes

Employer May Pursue Contractual Interference Claims Against Competitor for Raiding Employees and CustomersGuild Mortg. Co. v. CrossCountry Mortg. LLC, 120 Cal. App. 5th 885 (2026)
 
“Concrete Injury” Is Not Required To Establish FCRA ViolationAskins v. CRST Expedited, Inc., 120 Cal. App. 5th 1190 (2026)
 
California Supreme Court Limits Use of CCP § 170.6 Motions to Disqualify JudgesJ.O. v. Superior Court, 19 Cal. 5th 753 (2026)
 
Former Flight Attendants May Proceed With Religious Discrimination ClaimsBrown v. Alaska Airlines, Inc., 2026 WL 1813213 (9th Cir. 2026)
 
Another Day, Another AI Hallucination CaseQuinteros v. Harbor Distrib., LLC, 2026 WL 1693424 (Cal. Ct. App. 2026)
 
Arbitration Agreement Was Not Substantively UnconscionableCocom v. ABM Aviation, Inc., 2026 WL 1793637 (9th Cir. 2026)
 
After 19 Years of Litigation(!) And a $43 Million Award, Judgment in Escrow Officer Wage Case Is Largely ReversedCortina v. North Am. Title Co., 2026 WL 1506576 (Cal. Ct. App. 2026)

on July 2026

Philippe Lebel and Anthony Oncidi Named 2026 ‘Entertainment Business Visionaries’ by Los Angeles Times

on June 17, 2026

Employer May Pursue Multiple Claims Against Competitor for Raiding Employees and Customers

From California Employment Law Update on June 10, 2026

Another California “Thermonuclear” Verdict: $105 Million to Employee Who Reported Workplace Harassment

From California Employment Law Update on June 8, 2026

California Employment Law Notes

California Employment Law Notes - May 2026
Paknad v. Superior Court, 119 Cal. App. 5th 1256 (2026)
 
Employer Is Not Presumed To Infer Employee’s Undisclosed Mental Disability
Husband v. Target Corp., 2026 WL 1430244 (Cal. Ct. App. 2026)
 
Title VII Accommodation May Cause Non-Monetary “Undue Hardship” To Employer
Williams v. Legacy Health, 2026 WL 1239760 (9th Cir. 2026)
 
Law Firm Should Have Been Disqualified From Case After Reviewing Privileged Emails
Guardian Storage Centers, LLC v. Simpson, 119 Cal. App. 5th 509 (2026)
 
Nursing Student Could Sue Under FEHA, Deficient Attorney Declaration Should Have Been Excused
Walton v. Victor Valley Cmty. Coll. Dist., 119 Cal. App. 5th 1164 (2026)
 
District Court Should Have Enforced Individualized Arbitration Agreements
O’Dell v. Aya Healthcare Servs., Inc., 171 F.4th 1173 (9th Cir. 2026)
 
Arbitration Agreement Was Not Substantively Unconscionable
Santana v. Studebaker Health Care Ctr., LLC, 120 Cal. App. 5th 1 (2026)
 
Certification Of Class Action Should Not Have Been Denied On Grounds Of Atypicality Of Claims
Martinez v. Sierra Lifestar, Inc., 119 Cal. App. 5th 1303 (2026)
 
Employee Who Settled Qui Tam Action Receives Interest On Attorneys’ Fees From Time Of Entry Of Order
Thrower v. Academy Mortg. Corp., 172 F.4th 703 (9th Cir. 2026)

on May 2026