Category: Employment Law

California Bans Mandatory Arbitration in Employment Contracts

In 2019, California looked to be on the verge of prohibiting mandatory arbitration provisions in employment contracts. The law was part of several pieces of legislation responding to #MeToo but, like most laws, would have wider ranging implications. AB 51 was initially meant to come into effect on January 1, 2020. However, this wasn’t meant to be.…
Bill that expands on STAND Act awaits Gov. Newsom’s signature

The California legislature has taken a further step toward allowing employees to talk about any harassment and discrimination they’ve experienced in the workplace. Late last month, it passed the “Silenced No More Act.” If Gov. Gavin Newsom signs the bill into law, employees will be free to speak out about any type of mistreatment they…
When can workers bring a wage claim against your business?

When employees believe that you have failed to pay them in accordance with federal or state laws, they could potentially bring a claim against your company. Common wage claims involve failing to pay minimum wage. As an employer, you have certain obligations to your employees. You need to maintain a safe workplace environment, provide a…
California Supreme Court Ruling Causes Dramatic Shift for Meal and Rest Breaks

On July 15, 2021, the California Supreme Court gave its ruling on Ferra v. Loews Hollywood Hotel, LLC. The case involves meal, rest, or recovery premium pay. The decision applies retroactively and requires a dramatic shift for employers in their obligations going forward. The issue in the case revolved around the rate of compensation to an…
Uncertainty Lingers Over What Employment after COVID will look like

With reopening largely underway across the country there have been mixed results about whether the economy is rebounding as one might hope. Questions also remain about how the economy in the US and other countries will recover as pandemic related government support winds down. Another question is what employment after COVID will look like once the recovery is in…
Mixed Employment Signals as COVID Reopening Continues

While the Delta variant of COVID-19 remains a concern, the push back to normalcy continues across the country. Along with reopening, the hope of continued recovery for the economy continues. However, employment numbers provide a confusingly mixed result thus far during this COVID reopening. On the positive side 850,000 people were hired in the US in June.…
Ninth Circuit Win for Walmart Provides Clarity for Wage Statements

As discussed recently on this blog, rest periods are often a fraught issue for employers. Hand-in-hand with this issue are wage statement claims, which are also often heavily litigated in class actions. With the recently discussed ruling employers were given clarity on certain practices for rest periods. The Ninth Circuit has now done similar for wage statements. In…
Employee Breaks on Meal Periods

Proper accounting and practices for employee rest periods has been a fraught issue for employers, with many class actions arising out of questions of whether employers had proper procedures in place. Recently, the California Supreme Court made an important change by ending meal period rounding. This change required employers to take extra steps to ensure they…
Avoid these mistakes when classifying employees in employment agreements

As an employer, you will need to correctly classify anyone who is working for your business. You will need to have documentation to monitor whether they are a full-time or part-time employee, a contractor, seasonal worker or volunteer. This will be done through employment agreements. The category into which an employee falls will dictate the…
Independent Contractor Status Remains Issue of Concern

Over the last few years employers in California have often found themselves considering the state’s independent contractor rules. Ever since the Supreme Court’s decision in Dynamex the issue has been in flux. However, with the changes to the law since then, along with the successful proposition initiative from companies like Uber last November, the issue has started…
California Supreme Court Ends Meal Period Rounding

A court case that began five years ago reached a final decision with the California Supreme Court early this month, and it marks an important change that all employers need to take notice of. Donohue v. AMN Services LLC is an action brought by a nurse recruiter. The plaintiff argued that her employer’s practice of rounding her meal…
California’s Stricter Meal and Break Requirements Pre-empted by Federal Law

On January 15, 2021, the Ninth Circuit Court of Appeals settled, for now, whether California’s meal and rest break requirements were pre-empted by federal law. The Court ruled that the Federal Carrier Motor Safety Administration’s (FMCSA) determination that the California rules were pre-empted was proper. California’s rules are generally stricter than those provided federally, with California’s…
After a Weakening at the Ballot Box AB5 Supporters Get Win in Court

Supporters of AB5 saw a huge defeat on Election Day with the passage of Proposition 22, which allows companies like Uber and Lyft to once again operate with its workers classified as independent contractors rather than as employers, as AB5 had required. However, AB5 continues to impact many businesses, including those in California’s large trucking…
Employment Changes Continue in California Amid Pandemic

As the COVID-19 pandemic continues its impact, California’s response continues to change, which, in turn, keeps employers having to adjust on the fly. California’s legislature recently made a flurry of changes that business should be aware, not all of which are just pandemic related. Apart from COVID related measures, California passed a law requiring publicly…
Department of Labor Sets Forth Own Change to Independent Contractor Classification

As California pushes forward with AB5, subjecting many employers to a stringent test when attempting to classify their workers as independent contractors rather than employees, the US Department of Labor (“DOL”) recently proposed its own change to how workers should be classified. While the California law makes it much more difficult for employers, particularly in the gig…
Changes to AB5 Brings Relief for Some But Not All

Ever since the passage of AB5, numerous industries have taken aim at changing the law. Some of the bigger challenges have come from the transportation sector, including not just Uber and Lyft, but also from the trucking industry as well. As these challenges continue, both through the courts and proposed ballot initiatives for November, the…
Uber and Lyft’s California Operations in Limbo with Continuing AB5 Challenges

Since AB5 came into effect in California the government has used multiple avenues to enforce the new law. This has put a target on Uber and Lyft in particular, as two of the biggest companies impacted by the law, and the ones that were also the main target of its passage to being with. However,…
Protecting your company from staff claims with strong contracts

As the owner, manager or executive of a commercial transportation company, you know how hard it can be to attract and retain the best professional drivers. Commercial driving is a demanding career and commercial drivers have relatively high turnover rates. When you hire someone new to drive for your company, the contract that you sign with…
Lyft and Uber Plaintiffs Begin Using COVID-19 to Support Their Arguments

Amid the COVID-19 pandemic almost every aspect of life has changed, but unfortunately for Uber and Lyft one thing that’s remaining the same is their continued legal trouble in California. According to Rideshare Drivers United, an advocacy group, two-thousand California ride-share drivers have filed wage claims against the companies, seeking over $630 million for lost…
Possible Shield Laws for Employers as Workers Return to Work

While COVID continues to impact every part of society, businesses continue to struggle with how to operate safely. A major part of this consideration is keeping staff safe as and after they return. One concern for businesses in doing so is whether they’ll face liability if staff members become infected at work, an issue governments…