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Arthur K. CunninghamBlog Posts

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California Legislation Signed to Extend Exemptions from AB 5 for Certain Industries

Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5 sets forth the test for whether a worker is an independent contractor or employee. The exemptions will now sunset... Continue Reading
October 1, 2021

California Supreme Court Holds Statute of Limitations on Failure to Promote Claims Runs When Employee Knows or Reasonably Should Know They Were Denied Promotion

 When does the statute of limitations period begin to run on a harassment claim?  The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure to promote brought under the harassment provision of the Fair Employment and Housing Act (“FEHA”) starts to run...… Continue Reading
July 27, 2021

California Supreme Court Holds Statute of Limitations on Failure to Promote Claims Runs When Employee Knows or Reasonably Should Know They Were Denied Promotion

When does the statute of limitations period begin to run on a harassment claim?  The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure to promote brought under the harassment provision of the Fair Employment and Housing Act (“FEHA”) starts to... Continue Reading
July 27, 2021

California Supreme Court Agrees to Answer Question About Employment Retaliation

Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims?  That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question about California law and unlawful retaliation against an employee in Lawson v. PPG Architectural Finishes, Inc. In particular,... Continue Reading
February 19, 2021