Topics for this Month include:
- Injunctions Issued for AB 5 and AB 51
- New DOL Rules on Joint Employment and Calculating Regular Rate of Pay
- NLRB Reverses Stance on Use of Work Email and Maintaining Confidentiality of Workplace Investigations
- Employer’s Name on Wage Statements
- And check out an article from SHRM on Sherry B. Shavit’s latest presentation on PAGA at: https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-paga-law-poses-huge-risks-for-employers.aspx.
Legislative/Regulatory Update
Preliminary Injunction Issued to Enjoin Enforcement of Assembly Bill 51
Assembly Bill No. Read More
Topics for this Month include:
- Enacted California Employment-Related Bills
- DOL’s Final Regulations on New Salary Thresholds for Exemptions
- Meal and Rest Break Questions Certified to CA Supreme Court
- No Unpaid Wage Recovery in a Pure PAGA Action
- Rulings on On-Duty Meal Periods
- Franchisor Held Not Liable as Joint Employer
- And more . . .
Legislative/Regulatory Update
We are in the home stretch! Governor Newsom has until October 13, 2019 to sign or veto bills passed by the Legislature which, unless otherwise specified, will go into effect on January 1, 2020. Read More
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
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
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
