Advising And Defending Businesses
On December 12, 2018, the Third Appellate District in Smigelski v. PennyMac Financial Services affirmed a trial court’s denial of an employer’s motion to compel arbitration of its former employee’s Private Attorneys General Act claims. In its...
Starting January 22, 2017, employers are required to use a new Form I-9, which will be in place until August 31, 2019. The U.S. Citizenship and Immigration Services (USCIS) touts this Form as being more “user-friendly” as employees and employers can now...
California’s laws regarding disability, accommodations, and family or medical leave under the California Family Rights Act (CFRA) continue to create challenges for employers. One common concern is the termination and/or discipline of an employee who has requested or...
On January 4, 2019, the court of appeal published its decision in Furry v. East Bay Publishing, LLC holding that an employee’s “imprecise evidence” of overtime worked can provide a sufficient basis for damages when his employer failed to keep accurate records of the...
Announced on January 10, 2017, several federal agencies, including the National Labor Relations Board (NLRB), Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), Equal Employment Opportunity Commission (EEOC) and others, have issued a...
On January 8, 2020, a California Superior Court judge entered an order in California v. Cartage Transportation Express stating that the ABC Test set forth in the California Supreme Court’s Dynamex decision, and the recently enacted Assembly Bill No. 5, run afoul...
On January 8, 2019, a unanimous United States Supreme Court held in Schein v. Archer & White Sales that the parties to an arbitration agreement may agree to have an arbitrator decide “gateway questions of arbitrability,” as well as the merits of a...
Effective January 1, 2017, Executive Order 13706 requires employers that enter into new covered contracts with the Federal Government to provide employees with up to seven days or 56 hours of paid sick leave annually. The Order requires new contracts or subcontracts...