Dawn Kennedy

Dawn Kennedy

BakerHostetler

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San Francisco's Family-Friendly Workplace Ordinance Allows Requests for Flexible Work Arrangements

San Francisco's new Family-Friendly Workplace Ordinance (the "Ordinance") applies to employers with 20 or more employees and to those San Francisco-based employees who have been employed for at least six months and who work...more

12/23/2013 - Family-Friendly Workplace Ordinance Reasonable Accommodation

Increase in California Minimum Wage

Assembly Bill 10 raises California's hourly minimum wage rate to $9.00 per hour, beginning July 1, 2014. Effective January 1, 2016, the minimum wage rate will increase an additional $1.00 to reach $10.00 per hour. In addition...more

12/23/2013 - Minimum Wage Wage and Hour Wages

Fee Award to Prevailing Employer in Certain Actions Requires Employee Bad Faith

Existing law, with certain exceptions, requires a court in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, to award reasonable attorneys' fees and costs to...more

12/23/2013 - Attorney's Fees Bad Faith Prevailing Party

Definition of "Family" Under Paid Family Leave Law Expanded

Currently, the California Employment Development Department, (EDD), through employee payroll deductions, provides for family temporary disability insurance benefits to workers who need to care for a seriously ill "family...more

12/23/2013 - Caregivers Disability Benefits EDD Paid Family Leave Insurance Program Payroll Deductions

Liens on Real Property by Labor Commissioner

Under current law, the California Labor Commissioner has the authority to hear employee complaints regarding the payment of wages and other employment-related issues. The Labor Commissioner is required to file an order,...more

12/23/2013 - Labor Commissioners Liens Wage and Hour

Penalty for Missed Heat Illness Prevention Recovery Periods

The current version of Labor Code section 226.7 provides a penalty of one hour's pay for each day that an employee is required to work during any required meal or rest period. Cal-OSHA regulations require employers of certain...more

12/20/2013 - Penalties Rest and Meal Break Safety Precautions

Civil Penalty for Garment Manufacturers Who Do Not Display Information on Front Entrance of Business

Existing law requires garment manufacturers to be registered with the State of California. Registered garment manufacturers are required to display their name, address, and garment manufacturing registration number on the...more

12/20/2013 - Manufacturers Registration

Court Recovery of Unremitted Employee Wage Withholdings

Existing law makes it a crime for an employer to willfully, or with the intent to defraud, fail to remit agreed-upon payments to health and welfare funds, pension funds or vacation plans, or other various benefit plans. The...more

12/20/2013 - Criminal Prosecution Felonies Misdemeanors Wages Withholding Requirements

Domestic Worker Bill of Rights

Assembly Bill 241 establishes overtime pay protection for domestic workers (i.e. nannies, housekeepers, and caregivers) employed by private individuals such that they are paid a rate of time-and-a half for all hours worked in...more

12/20/2013 - Domestic Workers Over-Time Wages

Anti-Retaliation Laws Expanded, Including a Prohibition of Unfair Immigration Related Practices

Existing law prohibits employers from discharging an employee or in any manner discriminating against any employee or applicant for employment because the employee or applicant has engaged in protected conduct relating to the...more

12/19/2013 - Adverse Employment Action Anti-Retaliation Provisions Compliance Employee Rights

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

1/31/2013 - Arbitration AT&T Mobility Class Action D.R. Horton D.R. Horton v NLRB Federal Arbitration Act Gentry Macy's NLRA NLRB Over-Time Preemption Rest and Meal Break

Arbitrators, Not Judges, Must Decide Whether Noncompetes Are Enforceable if There is an Arbitration Clause, Says U.S. Supreme...

On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or...more

12/10/2012 - Arbitration Arbitration Agreements Federal Arbitration Act Non-Compete Agreements

Court of Appeal Turns Volume Down on Plaintiff in Meal Period Class Action Against RadioShack

The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more

12/10/2012 - Brinker Class Certification Rest and Meal Break

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