5/7/20
By: Ryan Greenspan
On May 5, 2020, California Attorney General Xavier Becerra announced that the State of California will be suing Uber and Lyft for misclassifying their drivers as independent contractors. The precise details of the suit are not presently …
4/14/20
What Does The Executive Order Require: The COVID-19 crisis has employers scrambling to stay on top of legal obligations imposed by recent federal legislation, including the federal Families First Coronavirus Response Act and the CARES Act, and …
U.S. Department of Education Announces Temporary Halting of Wage Garnishments
3/30/20
By: Jeffrey A. Hord
On March 25, 2020, the Department of Education (DOE) announced that it will temporarily halt seizing wages and/or withholding tax refunds from borrowers who have defaulted on their student loans held by the federal government. As …
3/10/20
By: Anastasia Osbrink
For years, employers across the U.S. have taken into account what an individual was making at his or her current job in assessing how much they would need to pay them if they left and joined the …
Securing the Bag: California Supreme Court Rules Exit Searches Compensable
3/2/20
By: Gregory Blueford
Shunning the position of the United State Supreme Court’s decision in Busk v. Integrity Staffing Solutions, Inc., the California Supreme Court has ruled that time spent on the employer’s premises waiting for and undergoing company-mandated exit searches …
AB5: California’s Controversial Gig-Work Law Took Effect January 1, 2020
1/7/20
By: Margot Parker
As of January 1, 2020, California’s AB5 may require employers to reclassify hundreds of thousands of independent contractors as employees with broad labor law protections. The new law codifies the “ABC test” adopted by the California Supreme …
Federal Court Temporarily Enjoins California’s Ban On Mandatory Arbitration Agreements
1/7/20
By: Brad Adler
Employers will recall that California passed a law in October, 2019 (AB 51) that would limit the ability of employers to require mandatory arbitration of certain statutory employment claims as of January 1, 2020. Specifically, AB 51 …
Holiday Office Parties: Serving Up Both Cheer … and Fear!
12/3/19
By: Melissa Whitehead
There is no doubt that the Holiday Season is in full swing – and that means workplace holiday parties! While these festive events are great for increasing workplace camaraderie and celebrating achievements of the year, they are …
Dear California Legislature the Constitution Prohibits Ex Post Facto Laws
6/10/19
By: David Molinari
If you have practiced law in the State of California for an appreciable period of time you become numb to warnings from out-of-state clients and counsel bemoaning enactments by the state’s legislature that will doom business and …
Are You Prepared To Grant Intermittent Family Medical Leave?
5/14/19
By: David Daniels
One of the biggest employer complaints about the Family and Medical Leave Act (FMLA) is the productivity problems caused by employees’ use—and abuse—of FMLA intermittent leave.
The problem: Employees with chronic health problems often take FMLA leave …
4/15/19
By: Paige Pembrook
Last month, the U.S. District Court for the District of Columbia reinstated the Equal Employment Opportunity Commission (EEOC) rule requiring employers to report pay information by race, ethnicity and sex with their EEO-1 Report. However, employers still …
4/15/19
By: Brad Adler and Matthew Jones
Five months ago, in November, 2018, Amazon raised its minimum wage to $15/hour. Now, Amazon’s leader is challenging his competitors in the retail sector to do the same. In a letter to shareholders that …