February 2019

26 Feb Class Action May Proceed Against Employer Who Failed to Use Clear, Standalone Disclosure Form for Third Party Background Check

Posted at 11:28h in Employment Law

An employer that conducts a background investigation of its applicants or employees must do so in accordance with the strict requirements imposed by federal and California laws. On January 29, 2019, the U. S. Court of Appeals for the Ninth Circuit in Gilberg v. California...

19 Feb Employee May Not Sue Employer’s Payroll Company for Wage and Hour Violations

Posted at 11:01h in Employment Law

On February 7, 2019, the California Supreme Court in Goonewardene v. ADP reversed a decision of a court of appeal that had permitted an employee to sue the payroll company her employer used to pay its employees. The plaintiff alleged that the earnings statements provided...

15 Feb Employees Required to “Call-In” Are Entitled to Reporting Time Pay if Not Put to Work

Posted at 10:56h in Employment Law

On February 4, 2019, a California court of appeal in a 2-1 decision held that if an employee is required to “call-in” to see if he or she must report for work, such as by using a phone or logging on to a computer remotely,...

06 Feb A Costly Lesson: Pay an Employee All Wages Owed When Employment Ends

Posted at 12:49h in Employment Law

A recent decision by a California court of appeal illustrates the importance of an employer paying an employee all wages owed in a timely manner when the employment relationship is severed. In Stratton v. Beck, an employee of two months filed a claim with the...