This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses overtime rate requirements that manufacturers and retailers of cannabis products should consider to...more
2/1/2023
/ Cannabis-Related Businesses (CRBs) ,
Employees ,
Employer Liability Issues ,
Legislative Agendas ,
Manufacturers ,
Marijuana Related Businesses ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Retailers ,
State and Local Government ,
Wage and Hour
This blog series addresses common employment-related issues for cannabis industry professionals.
This post addresses meal and rest break requirements manufacturers and retailers of cannabis products should consider to...more
Beginning October 1, 2022, when a public health emergency is in place, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave (PHEL) each calendar year to each...more
10/3/2022
/ California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Infectious Diseases ,
Paid Leave ,
Paid Sick Leave ,
Public Health Emergency ,
Regulatory Mandates ,
San Francisco ,
State and Local Government
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State and Local Government ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more
5/27/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more
10/26/2021
/ Arbitration ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Family Leave Law ,
Piece-Rate Pay ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Tips ,
Unions ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Safety
Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more
3/22/2021
/ Airline Employees ,
Appeals ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State and Local Government ,
Wage and Hour
On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more
California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more
Governor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020. Previously, the CFRA applied to companies with 50 or more employees within a 75-mile radius and generally...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
9/15/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Staffing Agencies ,
State and Local Government ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more
9/14/2020
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement ,
Exemptions ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government