In what many would consider to be an employer-friendly decision, more than a decade ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest...more
This week, we’re examining California Governor Gavin Newsom’s new deal that was brokered to amend the Private Attorneys General Act of 2004 (PAGA):
Last week, Governor Newsom announced that California’s business and labor...more
California plaintiffs’ lawyers typically bring every type of wage-hour claim they can. Increasingly, however, they have focused on one type of claim – wage statement violations....more
California law generally requires employers to pay non-exempt employees a premium of one hour of pay for non-compliant meal and rest periods. Employers have typically paid such premiums by using the employees’ standard hourly...more
It’s #WorkforceWednesday. This week, we focus on key state-level election results impacting employment law and what a new administration will mean for your business.
Proposition 22 Passes in CA, Further Narrowing AB5 (video...more
It is no secret that independent contractor misclassification claims are being filed against employers with a great deal of frequency, often as class actions and often in California. Many of those lawsuits have been filed...more
In bringing meal and rest period claims on behalf of their clients, the plaintiffs’ bar has long argued that merely because there was an alleged meal or rest period violation, there were also “derivative” statutory violations...more
As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Regulations ,
New Legislation ,
Preemption ,
State and Local Government ,
State Labor Laws
On April 30, 2018, the California Supreme Court issued its long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard for determining whether workers in California should be classified as...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour