March 2020 - Rediger Labor Law

30 Mar COVID-19 Guidance for Employers from the California DFEH

Posted at 05:00h in Employment Law

The California Department of Fair Employment and Housing (DFEH) has published a series of Frequently Asked Questions addressing various employment issues related to the COVID-19 pandemic. The DFEH is the California state agency in charge of enforcing the Fair Employment and Housing Act (FEHA), which...

23 Mar Changes to California’s WARN Act and the new Families First Coronavirus Response Act

Posted at 05:00h in Employment Law

On March 17, 2020, Governor Newsom issued Executive Order N-31-20 that suspended the 60-day notice requirement of California’s Worker Adjustment and Retraining Notification Act where a covered employer orders a mass layoff, relocation or termination of employees at a covered establishment. The Executive Order adopts...

17 Mar Employee May Settle His Individual Wage Claims and Still Sue Under PAGA

Posted at 09:06h in Class Action

On March 12, 2020, the California Supreme Court in Kim v. Reins International California, Inc., held that employees may settle and dismiss their individual claims for Labor Code violations and not lose standing to pursue a claim under the Private Attorneys General Act of 2004...

16 Mar Rediger Labor Law Wins Summary Judgment in Employment Discrimination Case

Posted at 07:00h in Employment Law

Attorney Justin R. Rediger prevailed on a motion for summary judgment in a case alleging disability discrimination, racial harassment, and whistleblower retaliation. Judge George J. Abdallah, Jr. of the San Joaquin County Superior Court agreed that there was no triable issue of fact as to...

09 Mar Three-Year Statute of Limitations Applies to a Willful Refusal to Pay Overtime Under FLSA

Posted at 07:00h in Employment Law

On March 2, 2020, the U. S. Court of Court of Appeals for the Ninth Circuit in Scalia v. Employer Solutions Staffing Group, LLC, et al. affirmed a district court’s summary judgment in favor of the U. S. Secretary of Labor against ESSG in an...

02 Mar NLRB and DOL Issue New Rules For Determining “Joint Employer” Status

Posted at 10:23h in Labor Law

On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The Board’s new rule becomes effective...