Rounding is the practice of capturing time entries on a time clock and converting them to the closest five, ten, or fifteen minute equivalent. For example, both entries at 8:58 and 9:04 may be converted to 9:00 a.m. A recent...more
In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more
11/22/2021
/ California ,
Confidential Information ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Legislative Agendas ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Popular ,
Pre-Employment Agreements ,
Separation Agreement ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Termination
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave... SB 95 creates California Labor Code Sections 248.2 and...more
3/30/2021
/ California ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Labor Code ,
Medical Certification Requests ,
Paid Sick Leave Act ,
Retroactivity ,
State and Local Government ,
State Legislatures ,
Supplemental Benefits
Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March...more
3/25/2021
/ Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Governor Newsom ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Retroactivity ,
Sick Leave ,
State and Local Government
In February 2021, SAG-AFTRA’s National Board voted to approve a new Influencer Agreement. But, the announcement included few details, leaving many Brands and so-called Influencers to wonder what’s the deal?
To date,...more
In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law...more
10/26/2020
/ Appeals ,
Appellate Courts ,
Department of Labor (DOL) ,
Double Recovery ,
Employees ,
Employer Liability Issues ,
Labor Code ,
Notice of Non-Compliance ,
State and Local Government ,
Unpaid Wages ,
Wage and Hour
Massachusetts issued a revised Essential Services and Revised Gatherings Order that goes into effect at noon on March 24, 2020... The Order requires that all businesses and organizations that do NOT provide “COVID-19...more
Ohio issued a Stay at Home Order that goes into effect at 11:59 p.m. on March 23, 2020. It will remain in effect until 11:59 p.m. on April 6, 2020, unless rescinded or modified...more
The California Worker Adjustment and Retraining Notification (WARN) Act (Labor Code Section 1400 et seq.) sets forth procedural requirements that a covered employer must follow prior to a mass layoff, relocation, or...more
On October 9, 2019, the Second Appellate District of the California Court of Appeal issued a decision clarifying the rate of pay at which an employer must pay meal period, rest break, and recovery period premiums. More...more
After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more
12/24/2018
/ Appeals ,
Attorney's Fees ,
Civil Monetary Penalty ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Labor Code ,
Minimum Wage ,
Over-Time ,
Personal Liability ,
Restaurant Industry ,
Unpaid Wages ,
Wage and Hour ,
Wage Statements
In AHMC Healthcare, Inc. v. Superior Court, the California Court of Appeal, Second Appellate District, Division Four, extended a prior line of California cases holding that California law follows federal law with respect to...more
Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment...more
Governor Brown recently approved Senate Bill No. 836, which amends the Private Attorneys General Act (“PAGA”) in a few minor technical ways, including new filing and notice requirements. Although employers had hoped for...more
On October 11, 2015, Governor Brown vetoed Assembly Bill No. 465. AB 465 was one of the most closely watched, controversial employment related bills passed by the California Legislature in recent memory. Understandably,...more
10/16/2015
/ Arbitration Agreements ,
Armendariz v Foundation Health ,
AT&T Mobility v Concepcion ,
CA Supreme Court ,
Employment Contract ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Iskanian v CLS Transportation ,
Proposed Legislation ,
SCOTUS ,
Waivers
As of January 1, 2015, the Patient Protection and Affordable Care Act (ACA--otherwise known as Obamacare) begins to impose certain health coverage requirements on employers who have at least 50 employees. Even though its...more
On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more