Independent Contractor Or Employee?
9/20/18
By: Marshall Coyle
The California Supreme Court has established an “ABC test” that could make it extremely difficult for the state’s truckers to use independent contractors. In Dynamex Operations West Inc. v. Charles Lee, (Case S222732, April 30, 2018) the …
California Attacks Arbitration Agreements …. Yet Again!
8/24/18
By: Dave Daniels
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 confidentiality …
The CCPA: Precursor To American GDPR Or Undue Burden On American Businesses
7/30/18
By: Jonathan Romvary
As we recently posted, California recently passed the landmark California Consumer Privacy Act of 2018 (“CCPA”) that goes into effect on January 1, 2020 and grants California residents new expansive privacy rights. Many observers are comparing …
On-Premises Rest Breaks: Should I Stay or Should I Go?
7/18/18
By: Allison Hyatt
Under California law, non-exempt employees are entitled to a 30-minute meal break if the employee works more than 5 hours in a workday, and a 10-minute break for every 4 hours worked (or “major fraction” thereof). In …
California Appellate Court Concludes That Employer Lawfully Rounded Employee Time Up and Down
7/12/18
By: Laura Flynn
The Second District of the California Court of Appeal has ruled that calculating payroll by automatically rounding workers’ hours either up or down to the nearest quarter-hour is legal as long as it does not result in …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …
Is An Employee’s Intentional Act An Employer’s “Accident”?
7/10/18
By: Rebecca Smith and Zach Moura
It may just be, according to the California Supreme Court’s recent decision in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (June 4, 2018, No. S236765). In Liberty v. Ledesma, …
Bonus or No Bonus? California Supreme Court Clarifies Calculation of Overtime
4/16/18
By: Christine C. Lee
Calculating the correct overtime pay rate for non-exempt employees just got a little more complicated for California employers who elect to pay bonuses. In the recent case of Alvarado v. Dart Container Corporation of California, …
4/10/18
By: Rebecca J. Smith
The U.S. Court of Appeals for the 9th Circuit, which heard the case of Rizo v. Fresno County Office of Education en banc last year, has changed the 9th Circuit’s position and found that …
Navigating New California Employment Laws
2/1/18
By: David Daniels
Are you and your clients doing business in California prepared for the new employment laws that take effect in 2018? If you represent employers in the state of California, these laws may very well affect the daily …
12/11/17
By: Elizabeth G. Fellmeth
On April 1, 2016, stronger discrimination and harassment regulations under the Fair Employment and Housing Act (“FEHA”) took effect. In addition to distributing California’s Department of Fair Employment and Housing (“DFEH”) brochure on sexual harassment (DFEH-185), …
Trends and the Economic Impact Involving Workplace Injuries
12/6/17
By: Jac O’Delle E. Wright
Employers, agents, brokers and insurers have every reason to keep up-to-date regarding trends and the economic impact involving workplace injuries. Because of frequent changes, including those involving workers’ compensation legislation and case law, safety management …