Tag: Ninth Circuit Court of Appeals
Ninth Circuit Expands Ministerial Exception in Religious Workplaces
Rooted in the First Amendment’s religious freedom clause, the ministerial exception generally prohibits enforcing any employment laws between a religious organization and its ministers. Which…
California Supreme Court Clarifies ‘Hours Worked’ Questions
Recently, the California Supreme Court answered the Ninth Circuit Court of Appeals’ certified wage-and-hour questions, determining, among other things, that the time workers spend in…
California Supreme Court Imposes FEHA Liability on Agents of Employers
In a long-awaited decision, the California Supreme Court has determined that third-party business agents of a certain size can now be directly liable for violations…
Employers Must Explore Reasonable Accommodations for Religious Beliefs
Religion is one of just two protected classes under California’s Fair Employment and Housing Act (FEHA) — disability is the other — that requires employers…
California’s Worker Classification Law Legal Challenge Partially Revived
On March 17, 2023, the Ninth Circuit Court of Appeals partially reversed a district court’s order denying a preliminary injunction and dismissing a legal challenge…
California’s Ban on Mandatory Arbitration Agreements Invalidated
On February 15, 2023, the Ninth Circuit Court of Appeals issued a decision in Chamber of Commerce of the United States of America, et al….
Ninth Circuit Requests Help From CA Supreme Court Again
On July 8, 2022, the U.S. Ninth Circuit Court of Appeals certified three questions to the California Supreme Court to assist it with ruling whether a…
Ninth Circuit Asks California Supreme Court About FEHA Liability for Agents of Employers
The Ninth Circuit Court of Appeals has asked the California Supreme Court to determine whether a business entity acting as an agent of an employer…
AB 5 Injunction Overturned
Once upon a (pre-pandemic) time, one of employers’ most pressing concerns was the independent contractor law (also known as AB 5) that took effect in…
Could Lack of Meal, Rest Break Policy Violate California Law?
When a litigant raises an entirely new issue that has no direct precedent, the court can ask the California Supreme Court how it would rule…
