EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

July 17th, 2019/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

  • Reminder – de minimis doctrine generally doesn’t work in California
  • Reminder – no magic words to be a whistleblower
  • Undergoing Medical Testing to Determine Whether Have a Disability Protected
  • Employers Don’t Have to Pay for Slip-Resistant Shoes
  • Update on California Employment-Related Bills
  • And more . . .

Recent Case Law

Ninth Circuit Confirms Federal De Minimis Doctrine Not a Defense to CA Wage and Hour Claims

Following the recent California Supreme Court decision Troester v. Read More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

May 16th, 2019/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

  • Dynamex is Retroactive per Ninth Circuit
  • Recent Rulings on Arbitration Agreements
  • Using Registered Fictitious Business Name on Paystubs Okay
  • EEO-1 Pay Data Reports due September 30
  • Update on Pending California Employment-Related Bills
  • And more . . .

Recent Case Law

Dynamex “ABC Test” is Retroactive

In interpreting California state law, the federal Ninth Circuit has concluded that the “ABC test” to determine whether a worker is an employee or an independent contractor applies retroactively in Vazquez v. Read More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

February 16th, 2019/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

  • New SCOTUS Opinions on Arbitration Agreements
  • Healthcare Workers Waiving Second Meal Periods
  • Compensability for “On-Call Shifts”
  • Unlawful Multi-State FCRA Disclosure Form
  • Newly Introduced Employment-Related Bills
  • And more . . .

Recent Case Law

Arbitration Agreements Can Empower Arbitrators to Determine Arbitrability of Claims

In the United States Supreme Court Justice Kavanaugh’s first written opinion, a unanimous court held that when an arbitration agreement delegates the authority to determine whether a claim is “arbitrable” in the first instance to the arbitrator, the arbitrability decision must be made by the arbitrator. Read More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

December 31st, 2018/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

  • Changes to the Law to Remember for 2019
  • Unenforceable Non-Solicitation Agreements
  • Armendariz Requirements Expanded to Non-Employee Arbitration Agreements
  • When Commute Time is Compensatory
  • And more . . .

Don’t forget these new requirements going into effect in 2019:

  • Minimum wage increase: State minimum wage increases to $12 per hour for employers with 26+ employees and $11 per hour for employers with 25 or less employees. This also means minimum salary to be exempt is now $49,920 for large employers and $45,760 for small employers.
Read More

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

November 03rd, 2018/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

– Summary of New Employment Laws for 2019

A “Split Decision” on Applying Dynamex’s “ABC” Test

Individual Liability for PAGA Penalties

And more . . .

Legislative/Regulatory Update

This is it – the moment you have been waiting for. Here is a list of the bills Governor Brown signed into law in September that will become effective on January 1, 2019:

AB 1565:       Modifies Labor Code §218.7 regarding construction contractors’ liability for subcontractor’s failure to pay wages or benefits; requires contracts to identify documentation required to be provided before withholding payments to subcontractor pursuant to §218.7. Read More

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