Posts By: Jason Resnick
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Ninth Circuit Says PAGA Claims Can’t be Waived
The U.S. Court of Appeals for the Ninth Circuit recently held in a 2-1 decision that the Federal Arbitration Act (FAA) does not preempt the rule announced by the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC that representative claims brought under California’s Private Attorney General Act (PAGA) cannot be waived. The ...
Governor Brown Signs “Country’s Toughest Equal Pay Law”
On October 6, 2015, Governor Jerry Brown signed the California Fair Pay Act (SB 358) —considered to be the toughest equal pay law in the country. The law strengthens existing gender pay equity protections for workers and imposes stiffer penalties for gender-based wage discrimination. Specifically, the law prohibits employers from paying different wage rates for ...
New Rules for Piece-Rate Employees and Limited Safe Harbor
On October 10, 2015, Governor Jerry Brown signed into law AB 1513, which adds a new section to the Labor Code and codifies recent California state appellate court and federal district court decisions ruling that piece-rate employees must be separately paid for their nonproductive time and rest periods, in addition to their piece-rate earnings. The ...
New Personal Transport Carrier Regs in Effect
A regulation approving the limited use of agricultural personnel transport carriers (PTCs) in California goes into effect January 1, 2016. General Industry Safety Orders §3441 has been amended at new subdivision (i) to create an exception for PTC use under certain circumstances. Here is a brief summary of the new regulation: • Use of PTCs would be ...
USC Could be Thrown for a Loss In Football Coach Firing
The University of Southern California made national news last fall when it publicly fired its head football coach Steve Sarkisian. Sarkisian was on shaky ground even before the season started, when he showed up drunk at a preseason rally, slurring a profanity-laden speech before a stunned audience of university supporters and parents. He apologized soon ...
You Might Be a Joint Employer
The topic of joint employment is certainly in vogue at the moment. The U.S. Department of Labor is the latest government agency to get in on the action, proclaiming an expansive new interpretation of joint employment. Specifically, on January 20, 2016, the DOL issued an Administrator Interpretation (AI) providing guidance as to what constitutes joint ...
Litigation: A Lose-Lose Situation
“We treat our employees with respect. We don’t need an employee handbook.” “We’re an at-will employer. We don’t need a written warning in the file before we terminate.” “The At-Will acknowledgement is just going to scare off good employees. We don’t need it.” “Arbitration Agreements? Isn’t that just an invitation to sue?” Famous Last…
Countdown to Piece-Rate Safe Harbor Election
July 1, 2016, is the last day California employers may elect to avail themselves of the safe harbor provided under AB 1513. Enacted January 1, 2016, AB 1513 provides most employers an affirmative defense from class action lawsuits for having failed to pay piece-rate workers separately for “other non-productive time” or mandated rest and recovery ...
Employee Retaliation Claims On the Rise
In 2015, employees filed 39,757 charges of unlawful retaliation, which is 44.5 percent of 89,385 charges of workplace discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC) last year. Retaliation charges increased by nearly 5 percent over the prior year and continues to be the leading concern raised by workers across the country, followed ...
Dark Clouds on the Horizon: Gov. Brown Signs Ag Overtime Bills
On September 12, 2016, Governor Jerry Brown signed into law AB 1066, which will gradually lower the daily and weekly hours of work thresholds for paying overtime to agricultural employees. Currently, agricultural employees are entitled to be paid overtime when working over ten hours in a workday or more than six days in a workweek. ...
California Expands State Equal Pay Law
Last year, Governor Jerry Brown signed the California Fair Pay Act (SB 358) into law, which took effect on January 1, 2016. Legal pundits called it one of the most aggressive gender pay equity laws in the country. One year later, on September 30, 2016, Governor Brown signed the Wage and Equality Act of 2016 ...
Election Brings New Dynamics: California Goes to Pot; Arizona Approves Paid Sick Time
California and Arizona residents with a doctor’s recommendation have legally used marijuana for medical purposes since 1996, respectively. Now voters in California have approved an initiative making it legal to grow, possess or use recreational marijuana. In the just completed election, California, Massachusetts, and Nevada joined Alaska, Colorado, Washington State, and the District of…
New Employment Laws for 2017
On January 1, 2017, a number of new employment laws will take effect in California. These laws will have a significant impact on California employers and companies with operations in the state. Prompt action will need to be taken to ensure compliance, including revising employment policies and practices such as hiring and compensation practices, employee ...
The Evolving Landscape of California Meal and Rest Break Law
Five years after the California Supreme Court in Brinker Restaurant Corp. v. Superior Court clarified standards regarding an employer’s duty to provide meal and rest periods, many employers continue to find these rules challenging to implement in the real world. Moreover, because the Brinker court was applying the law under a statute that until recently ...
New California Employment Laws for 2018
On January 1, 2018, a number of new employment laws will take effect in California. These laws will have a significant impact on California employers and companies with operations in the state. Prompt action will need to be taken to ensure compliance, including revising employment policies and practices such as hiring and compensation practices, employee ...
California Places New Rules on Employer Immigration Enforcement Activities
On January 1, 2018, AB 450, the Immigrant Worker Protection Act went into effect. The law was the California Legislature’s response to an anticipated increase in federal immigration enforcement actions under the Trump administration and was aimed at protecting the roughly 1.75 million undocumented and falsely documented workers in California from possible deportation. The law ...
#TimesUp: Employers Brace for #MeToo Related Litigation, Legislation
What began last October with the Harvey Weinstein scandal, has resulted in a tidal wave of sexual harassment and assault accusations on social media under the hashtag #MeToo, and a public reckoning for dozens of high profile men in Hollywood, broadcast journalism, Fortune 500 companies and beyond. The movement has put sexual harassment and gender ...
New California Employment Laws for 2019
The Democratic-controlled California Legislature was very busy last year, passing over 1,200 bills, more than 1,000 of which were signed into law by the governor. Dozens of employment and labor bill were signed into law, and several of those were instigated by the #MeToo movement. All of the laws summarized below are effective January 1, ...
Attention “Small” Employers: You May Be a “Large” Employer and Not Even Know It
New rules affecting the state minimum wage and the payment of overtime to agricultural workers have one important number in common—26. That is the number by which, for purposes of these laws, you are either a so-called “large” employer and pay a higher minimum wage and overtime after a lower threshold, or you are a ...
Business Email Compromise Schemes on the Rise Don’t let your company be a victim
From: [email protected] To: [email protected] Subject: Wire Transfer Hey Jane, I’m traveling today. We are expanding operations in Mexico and things are moving rapidly. I need you to send a wire transfer ASAP. Wire instructions are below. Thanks for jumping on this! Rob Jane reviews the rest of the email from the company’s CEO and dutifully ...