California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more
3/23/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Non-Exempt Employees ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
Summary Judgment ,
Timekeeping ,
Wage and Hour
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
With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of...more
2/2/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Reimbursements ,
Religious Accommodation ,
Reporting Requirements ,
Secretary of HHS ,
Vaccinations ,
Workplace Safety
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more
1/21/2021
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
For retailers, the holiday season is indeed the “most wonderful time of the year.” But with additional stock and sales to handle, retailers also typically need to increase staffing and hours for employees, which can create...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
On April 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an updated recommendation that all workers and members of the general public should consider using non-medical face masks or face coverings to...more
“Epidemic” Versus “Pandemic”: A Distinction With A Difference -
On March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic. Previously, the...more
The California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees. The decision...more
With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more
11/6/2019
/ Anti-Discrimination Policies ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Flexible Spending Accounts ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
New Legislation ,
OSHA ,
Private Attorneys General Act (PAGA) ,
Sexual Harassment ,
State Labor Laws ,
Title VII