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

EMPLOYMENT AND LABOR LAW: LEGAL UPDATE FOR CALIFORNIA EMPLOYERS

August 02nd, 2018/By Admin/In Blog, SBSBLOG, Uncategorized

Topics for this Month include:

– CA Supreme Court Rejects De Minimis Doctrine

– Rounding Policies

– Unions Can No Longer Require Non-Members to Pay Fees

– Update on CA Employment Law Related Bills

And more . . .

Federal De Minimis Doctrine Not Recognized in California

In another significant blow to California employers, the California Supreme Court has held that the state’s Labor Code and Wage Orders do not recognize the federal de minimis doctrine, under which employers do not have to pay employees for work-related activities amounting to an insignificant amount of time if it is too burdensome to keep track of that time.  Read More

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