By Calvin House | Published August 22, 2021 | Posted in Uncategorized | Comments Off on Alameda Superior Court Judge Invalidates Proposition 22
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Alameda Superior Court Judge Invalidates Proposition 22
On August 20, 2021, Alameda Superior Court Judge Frank Roesch struck down Proposition 22, the app-based industry initiative that exempted app-based drivers from laws that applied to employees. You can read the full text of the decision here. There were two grounds for the decision: The exemption from laws that apply to employees would have Read More
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California Enacts Retroactive COVID-19 Supplemental Paid Sick Leave Law
The Healthy Workplaces, Healthy Families Act of 2014 entitles all California employees to paid sick days. Under that law, an employee accrues paid sick days at a rate of not less than one hour per every 30 hours worked, subject to certain use, accrual, and yearly carryover limitations. Senate Bill 95, which was approved by Read More
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California Supreme Court Issues Significant Opinion Regarding Employees’ Meal Periods
On February 25, 2021, the California Supreme Court issued an opinion in Donohue v. AMN Services, LLC that explains an employer’s obligation to provide and record meal periods. Employers must not round meal period time punches—a practice which entails adjusting the hours that an employee has actually taken for a meal break to the nearest Read More
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Upcoming Deadline for California Employers to Report Pay Data
Pursuant to California Government Code Section 12999, employers of 100 or more employees must submit pay and hours worked data to the Department of Fair Employment and Housing (DFEH) by establishment, job category, sex, race, and ethnicity. The deadline to do so is March 31, 2021, and annually on or before every March 31 thereafter. Read More
Read MoreNew Employment Laws for 2021
The new year brings new laws that will impact the workplace. We summarize the most important ones here: App-Based Workers: As a result of the passage of Proposition 22 in the November 2020 general election, drivers for Uber and Lyft and workers for other app-based companies are now eligible for a limited number of healthcare and Read More
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COVID-19 Update for Employers
As we head through the holiday season in the midst of an upsurge of COVID-19 infections and the arrival of vaccines, employers have questions about how to deal with their employees. On December 16, 2020, the EEOC released guidance stating that employers may require employees to show proof of vaccination once vaccines become generally available. Read More
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CFRA Family Medical Leave Provisions Extended
Governor Newsom has signed SB 1383, which extends all the family and medical leave provisions of the California Family Rights Act (CFRA) to employers with five or more employees. As originally enacted in 1994, CFRA only applied to employers with 50 or more employees, like the federal Family and Medical Leave Act. Effective January 1, Read More
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Exemptions Added to AB 5 Law
Attribution: Rafal Konieczny CC BY-SA AB 5, which became effective January 1, 2020, was intended to broaden the number of workers in California considered to be employees rather than independent contractors. It provides that any worker who provides labor or services for pay is considered an employee rather than an independent contractor unless the hiring entity Read More
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Blowing Up the Arbitration Process
Attribution: Alpha Stock Images – https://alphastockimages.com/ A recent article in The New York Times recounts how some companies that use arbitration clauses are facing an onslaught of arbitration claims, with the assistance of some entrepreneurs with a financial stake in the claims. Here’s a little bit more information about two of the individuals interviewed in Read More
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Settling Employee Still Has Standing To Maintain PAGA Claim
The California Supreme Court has told employers that settling an employee’s Labor Code claim does not prevent the employee form later pursuing a PAGA claim for the same violation. Kim v. Reins Int’l California, Inc., Case No. S246911 (Mar. 12, 2020). An employer who violates the Labor Code may be sued for damages and for civil Read More
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