David Cheng

David Cheng

FordHarrison

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Recent Amendments Give California's Sick Leave Law A Much-Needed Shot in the Arm

California's passage of the Healthy Workplaces, Healthy Families Act of 2014 (otherwise known as California's paid sick leave law) had left open a number of questions regarding compliance with the law. As a result, the...more

7/21/2015 - CFRA Compliance Employment Policies Exempt-Employees FLSA FMLA Healthy Workplaces Healthy Families Act 2014 Leave of Absence Paid Leave Sick Leave Wage and Hour

Court of Appeals Spices Up Class Certification "Death Knell" Laws For Chipotle

In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California's "death knell" doctrine does not apply to cases where class certification...more

7/8/2015

Court of Appeals Spices Up Class Certification "Death Knell" Laws For Chipotle

In a case of first impression, the California Court of Appeals recently held that, unlike cases where only class allegations are asserted, California's "death knell" doctrine does not apply to cases where class certification...more

7/8/2015 - Corporate Counsel

No-Hire Clauses Common to Settlement Agreements Now Void In California

The Ninth Circuit Court of Appeals recently broadened California's already expansive interest in promoting employee mobility by voiding any contract provision imposing a meaningful obstacle to a California resident's ability...more

6/11/2015 - Appeals Business & Professions Code Employer Liability Issues Former Employee No-Hire/No-Solicitation Agreements Race Discrimination Restrictive Covenants Settlement Agreements Severance Agreements

Airline Industry Alert: OT Class Action Against Southwest Airlines Fails to Take Off

Airlines achieved a major victory on May 19, 2015, with an order from the Central District of California granting Southwest Airlines Co.'s motion to dismiss in McKinley v. Southwest Airlines Co., United States District Court,...more

5/22/2015 - Airlines CBAs Class Action Dismissals Popular Railway Labor Act Southwest Airlines Wage and Hour

California Court Ruling Pulls the Spurs Off PAGA Deputies' Boots

A new California appellate court decision provides much needed guidance regarding the proper scope of discovery in representative actions brought under the California Private Attorneys' General Act of 2004 (PAGA), Cal. Lab....more

5/20/2015 - Appeals Class Action Discovery Employer Liability Issues Employment Policies PAGA Wage and Hour

California Attorney General Seeks Supply Chain Transparency Information from Businesses

Recently, a number of large retail and manufacturing companies doing business in California may have been surprised to receive a letter from the California Attorney General asking them to demonstrate compliance with the...more

4/27/2015 - Attorney Generals Manufacturers Retailers Transparency Transparency in Supply Chains Act

California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a...more

4/24/2015 - Department of Industrial Relations Paid Leave Sick Leave Wage and Hour Webinar

California Court Decision on Meal Breaks May Cause Health Care Industry To Go To Code Blue

Executive Summary: A new California Court of Appeal decision has invalidated a 22-year-old healthcare industry exception that had given the industry some flexibility with respect to how it provided its employees working...more

2/17/2015 - Appeals Corporate Counsel Healthcare Healthcare Facilities Healthcare Workers Hospitals Popular Rest and Meal Break Wage and Hour

New California Court of Appeal Opinion Provides Guidance on Rest Breaks

On January 29, 2015, a California appeals court published a modified version of an opinion examining, in part, an employer's obligation under the state's rest break requirements. Critically, the opinion concludes that the...more

2/2/2015 - Appeals Employer Liability Issues Rest and Meal Break Wage and Hour

Supremes Leave PAGA Representative Claims Intact

On January 20, 2015, the U.S. Supreme Court denied review of CLS Transportation Los Angeles, LLC v. Iskanian ("Iskanian"), a case which would have determined whether employees in California could continue to bring...more

1/22/2015 - Arbitration Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Iskanian v CLS Transportation Mandatory Arbitration Clauses PAGA Trucking Industry

Employers Get Ready to Ring in the New Year with New California Laws For 2015

Last week marked the official start of the holiday season. As we're now racing towards the end of the year, and getting ready for parties, gifts, and, perhaps, (ugh!) holiday travel, employers also should be getting ready to...more

12/8/2014 - Employer Mandates Harassment Minimum Wage New Legislation Paid Leave Popular Training Wage and Hour Year-End Planning

California Employers Should be Prepared to Comply with California's Law Making Companies Liable for Staffing Company/Labor...

Employers in California should be prepared to comply with the requirements of Assembly Bill No. 1897, which, as discussed in our prior alert, increases liability for most companies who use contract labor for their operations....more

12/3/2014 - Employer Liability Issues Labor Contractor New Legislation Staffing Agencies Third-Party Liability Wage and Hour

City of Oakland Joins Two Other California Cities in Mandating Paid Sick Leave

On November 4, 2014, voters in the City of Oakland passed a measure mandating paid sick leave for eligible employees. The city has become the third city in California (after San Francisco and San Diego) to require paid sick...more

11/25/2014 - Employee Rights Municipalities New Regulations Paid Leave Sick Leave

New California Paid Sick Leave Law May Cause Headaches for Employers

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA), which provides nearly all employees working in California with paid sick leave. The new law...more

10/22/2014 - Employee Rights Jerry Brown New Legislation Paid Leave Sick Leave

California High Court Finds Class Action Waivers Enforceable; Waiver of PAGA Action is not Enforceable

Acknowledging the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), to be a game-changer, the California Supreme Court has held that the Federal Arbitration Act (FAA) preempts a state's...more

6/25/2014 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian PAGA SCOTUS

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