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2018

More New Laws for California Employers

In our previous edition of Compliance Matters, we focused on the new laws surrounding the #MeToo movement. This edition of Compliance Matters summarizes the additional laws that are set to take effect January 1, 2019.

The California Legislature Breathes New Life Into the #MeToo Movement by Passing A Package of Bills Addressing this Issue

Governor Jerry Brown signed a package of bills that specifically address concerns raised by the #MeToo movement.

California Court Strikes Down Contract That Prohibited Ex-Employees From Raiding Company’s Workforce

California courts have long refused to enforce non-competition agreements between companies and their former employees.

California Judge Gives Broad Retroactive Effect To State’s Landmark Independent Contractor Ruling

In May, we wrote about the California Supreme Court’s landmark Dynamex ruling, which upended decades of thinking about who could be legally paid as an independent contractor under California’s Wage Orders.

California Supreme Court Rules That Employers Must Pay For All Work Hours

On July 26, 2018, the C a lifornia Supreme Court issued its long-anticipated decision in a case involving coffee impresario Starbucks.

A Cautionary Tale About Alternative Workweek Schedules

A recent decision from the California Court of Appeal, Maldonado v. Epsilon Plastics , tells the story of Epsilon Plastics, Inc. (“Epsilon”), an employer that learned the hard way about the perils a California employer may face when it tries to “go it alone” in implementing and maintaining an Alternative Workweek Schedule (“AWS”).

Another California Appellate Decision Upholds Neutral “Rounding” System to Measure Employee Work Time

California law requires employees to be paid for all hours worked. Some California businesses use a “rounding” system to determine the number of hours worked by their employees for payroll purposes.

Reminder To L.a., Santa Monica, And Pasadena Employers: New Minimum Wages Set For July 1, 2018

Summertime in Southern California used to be all about sunny skies, weekends at the beach, and family vacations, but ever since 2016, July 1 st has also meant City mandated minimum wage increases!

Cal/osha’s New Mandatory Injury Prevention Program For California Housekeepers To Take Effect July 1

UNITE HERE is the labor union that represents most of California’s unionized hotel employees. The union has been at the forefront of advocating for statewide safety legislation that would require employers to undertake very specific tasks in protecting both union and non-union employees from workplace injuries.

Expanded California National Origin Regulations Take Effect On July 1st

New expanded “national origin” job bias regulations are set to take effect for California employers on July 1, 2018. These new regulations enhance protections afforded to job applicants and employees, including undocumented workers, under the state’s national origin discrimination rules.

Suitable Seating Cases Pose High Exposure Risk for California Employers

As we previously reported, the United States Supreme Court very recently issued its long-awaited decision holding that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA).

U.S. Supreme Court Approves the Use of Class Action Waivers in Mandatory Employment Arbitration Agreements

In a long-awaited decision issued last week, the United States Supreme Court has given a “green light” to employers who want to require employees to sign arbitration agreements waiving the employee’s right to pursue or participate in a class action lawsuit.

California Supreme Court Adopts New Tighter Standard For Classifying Workers As Independent Contractors

A stunning new decision by the California Supreme Court adopts a extremely broad, pro-worker standard for determining whether to classify a worker as an employee or independent contractor under California’s Wage Orders.

Ninth Circuit Reverses Itself, Rules That Employers Cannot Use Prior Salary To Justify Wage Differential Between Male And Female Employees

Last June, we reported on a major decision by the Ninth Circuit U.S. Court of Appeals which interpreted the federal Equal Pay Act of 1963.

Employers Can Continue To Legally Employ “Dreamers” Under The DACA Program For Now

In September 2017, President Trump had announced his intent to end the Deferred Action for Childhood Arrivals (“DACA”), an immigration program which protected from deportation certain undocumented immigrants illegally brought to the United States as children.

Ballard Rosenberg Golper & Savitt Named First Tier Labor and Employment Law Firm By US News & World Report

We always like to share good news. For the third year in a row, Ballard Rosenberg Golper and Savitt has been awarded a First Tier Ranking in U.S.

Employee Who Dismisses Individual Wage/hour Claims Is Precluded From Representing Other Employees In “PAGA” Lawsuit

The Private Attorneys General Act (“PAGA”) has been the subject of frequent litigation since it was added to the California Labor Code in 2004.

Criminal Penalties For Minimum Wage Violations

By now, employers are well-versed in the multitude of state and local minimum wage and sick leave ordinances enacted in recent years. However, one of the biggest unknowns was what enforcement and punishment would look like