The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more
5/9/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Former Employee ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Wage and Hour ,
Wage Orders
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more
2/23/2018
/ Class Action ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Multi-Factor Test ,
Right to Control ,
Unpaid Overtime
California Legislative Update -
In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more
1/21/2017
/ Antitrust Violations ,
Arbitration Agreements ,
Background Checks ,
Cell Phones ,
Choice-of-Law ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Company Vehicles ,
Computer Software Workers ,
Criminal Records ,
Department of Labor (DOL) ,
Disability Discrimination ,
Domestic Violence ,
Drivers ,
EEO-1 ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay Act ,
Fair Pay and Safe Workplaces ,
Governor Brown ,
Human Resources Professionals ,
Injunctions ,
Juveniles ,
Local Ordinance ,
Mental Health ,
Minimum Salary ,
Minimum Wage ,
National Origin Discrimination ,
NLRB ,
No-Poaching ,
Notice Requirements ,
NYDOL ,
Off-Duty Employees ,
On-Duty Meal Period Waivers ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Payroll Records ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
Ridesharing ,
Sick Leave ,
State Labor Laws ,
State-Run Retirement Plans ,
Strategic Enforcement Plan ,
Venue ,
Wage and Hour ,
Wage Statements ,
Wage-Fixing ,
White-Collar Exemptions
Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for time spent on bag checks at the end of shifts....more
Bag Checks for Apple Employees Not Compensable Time -
Apple Inc. recently convinced a California federal district court to dismiss a certified class action alleging that Apple had a legal duty to pay store workers for...more
12/22/2015
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Members ,
Compensation ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Legal Ethics ,
Reasonable Accommodation ,
SCOTUS ,
Summary Judgment ,
Wage and Hour
Legislative Update -
Governor Brown recently signed into state law the following employment law bills (among others):
SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
10/26/2015
/ Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Background Checks ,
Chipotle Grill ,
Class Action ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Federal Arbitration Act ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Code ,
Misclassification ,
Motion to Compel ,
New Legislation ,
Over-Time ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Remand ,
Retaliation ,
SCOTUS ,
Substantially Similar ,
Title VII ,
Transgender ,
Void and Unenforceable ,
Wage and Hour ,
Wage Statements ,
Waivers ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
On Premises, On-Call Time Compensable; Sleep Time Not Excluded -
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more
2/20/2015
/ Affordable Care Act ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Security Guards ,
Wage and Hour
Partial-Day Leave Deductions Lawful for Exempt Employees -
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more
8/15/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
NLRA ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Retaliation
No Liability for Off-the-Clock Work Absent Employer Knowledge -
A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more
6/18/2014
/ Appeals ,
Arbitration ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Kaiser Permanente ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Pregnancy ,
Reasonable Accommodation ,
Wage and Hour
Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more
Following the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by “providing” rather than “ensuring” employees take rest and meal...more
In This Issue:
- FEATURE ARTICLES
Supreme Court Emphasizes Supremacy Of Federal Arbitration Act and
Honest Belief Inadequate Defense In CFRA Interference Claim.
- NEWS BITES
Class Action...more
12/19/2012
/ California Family Rights Act (CFRA) ,
Class Action ,
Class Action Arbitration Waivers ,
Discrimination ,
Federal Arbitration Act ,
Honest Belief Defense ,
NLRB ,
Social Media ,
Social Media Policy ,
Supervisors ,
Title VII