Ever since the California Supreme Court issued its groundbreaking decision in Dynamex Operations W., Inc. v. Superior Ct., 4 Cal. 5th 903 (2018), we have been monitoring its application by the lower courts. On October 8,...more
10/16/2019
/ Appeals ,
CA Supreme Court ,
Dynamex ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Joint Employers ,
Labor Law Violations ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more
10/7/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Class Action ,
Declaratory Relief ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Employment Practices Liability Coverage ,
Labor Law Violations ,
Policy Exclusions ,
Remuneration ,
Reversal ,
State Labor Laws ,
Wage and Hour
On August 8, 2019, the Department of Labor issued an Opinion Letter explaining that employees may take leave under the Family and Medical Leave Act (“FMLA”) to attend a meeting discussing their child’s Individualized...more
As we previously reported, on May 2, 2019, the Ninth Circuit Court of Appeals in Vazquez v. Jan-Pro Franchising Int'l, No. 17-16096, held that the California Supreme Court's landmark decision in Dynamex Operations West, Inc....more
8/21/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Wage and Hour
On February 7, 2019, the California Supreme Court unanimously held in Goonewardene v. ADP, Inc., S238941 that a payroll service provider cannot be held liable for errors it makes in issuing paychecks to workers of companies...more
2/12/2019
/ Amended Complaints ,
Breach of Contract ,
CA Supreme Court ,
Civil Liability ,
Clerical Errors ,
Demurrers ,
Duty of Care ,
False Advertising ,
Labor Code ,
Negligence ,
Negligent Misrepresentation ,
Payroll Companies ,
Reversal ,
Third-Party Beneficiaries ,
Unfair Competition ,
Wage and Hour ,
Wage Orders ,
Wrongful Termination
On February 4, 2019, a divided panel of the California Court of Appeal held in Ward v. Tilly’s, Inc., No. B280151, that employees scheduled for “on-call” or “call-in” shifts may be entitled to reporting time pay, even when...more
2/11/2019
/ Appeals ,
Call-In Pay ,
Class Action ,
Demurrers ,
Employer Liability Issues ,
IWC ,
Mercantile Industry ,
On-Call Employees ,
Reversal ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
This complimentary webinar will educate business owners, in-house counsel and human resources professionals on important court developments in 2018 and new legislation taking effect in 2019....more
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though employers can...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Board of Directors ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Filing Deadlines ,
Governor Brown ,
Governor Vetoes ,
Harassment ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Proposed Legislation ,
Settlement Agreements ,
Severance Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Bans ,
State Labor Laws ,
Void and Unenforceable ,
Woman Board Members
On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more
8/23/2018
/ #MeToo ,
Arbitration Agreements ,
Confidentiality Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Federal Arbitration Act ,
FEHA ,
Governor Brown ,
Harassment ,
Mandatory Arbitration Clauses ,
Personal Liability ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Retaliation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Waiver of Rights
The Salary History Ban -
As Payne & Fears LLP previously reported, in October 2017 Governor Jerry Brown signed into law Assembly Bill 168 which amended California's Equal Pay Act to prohibit California employers from: (1)...more
On July 26, 2018, in a unanimous decision, the California Supreme Court in Troester v. Starbucks Corporation held that the federal "de minimis doctrine" does not apply to claims for unpaid wages under the California Labor...more
7/27/2018
/ Affirmative Defenses ,
Appeals ,
CA Supreme Court ,
De Minimis Claims ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the...more
6/29/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
The National Labor Relations Board ("NLRB") has set new standards for determining whether an employment policy strikes the appropriate balance between employees' ability to exercise their rights under Section 7 of the...more
The California Fair Employment and Housing Council has published an amended Regulation on national origin discrimination, which will take effect on July 1, 2018. In addition to defining "national origin" and providing...more
On May 21, 2018, the United States Supreme Court held, in a 5-4 decision, that arbitration agreements which mandate individualized resolution of claims (as opposed to class or collective resolution) are enforceable under the...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Savings Clause ,
SCOTUS
On March 5, 2018, in a unanimous decision, the California Supreme Court in Alvarado v. Dart Container Corporation of California clarified how employers must calculate the regular rate of pay for purposes of compensating an...more
The California Fair Employment and Housing Council (“FEHC”) recently adopted amendments to the existing regulation on sex discrimination which address transgender identity and expression. Some changes are subtle, including a...more
Employment law is a constantly evolving practice area and attorneys and HR professionals are challenged to keep current with the emerging laws, regulations, and trends that rule the profession. This program will dive into...more
In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more
6/12/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Obama Administration ,
Trump Administration ,
Wage and Hour ,
Withdrawal