The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
12/3/2019
/ Appeals ,
Calculation of Damages ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Code ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Rate of Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California. Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more
10/29/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Retaliation ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
Following in the wake of the #MeToo movement, two new bills adopted by the California Legislature will expand the temporal scope of state-law harassment, discrimination, retaliation, and sexual assault claims. ...more
10/4/2019
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more
9/28/2019
/ ABC Test ,
Ballot Measures ,
Borello Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour ,
Wage Orders
The debate about whether the Dynamex decision applies retroactively is alive again thanks to a reverse course by the Ninth Circuit Court of Appeals. As we previously discussed, in April 2018, the California Supreme Court...more
8/13/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more
5/6/2019
/ ABC Test ,
Appeals ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Opinion Letter ,
Retroactive Application ,
Wage and Hour
Two California Courts of Appeal came to two different conclusions on motions to compel arbitration on the same day last week (April 10), again demonstrating the care that must be taken in drafting and presenting arbitration...more
Employers in California should be ready for a big change in the retirement law to take effect over the next three years. This change comes in the form of a new California program called CalSavers (formerly known as Secure...more
1/9/2019
/ 401k ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Mandates ,
Individual Retirement Account (IRA) ,
Payroll Deductions ,
Qualified Retirement Plans ,
Regulatory Requirements ,
Retirement ,
Secure Choice Savings Program ,
State and Local Government ,
State Labor Laws
Late last month, California Governor Jerry Brown signed Assembly Bill 2282 (“AB 2282”) into law. The Bill attempts to provide California employers with answers to questions that remained after Assembly Bill 168 (the “Salary...more
California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will...more
5/7/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour