Advising And Defending Businesses
On May 2, 2019, a U.S. District Court Judge in Ayala v. U.S. Xpress Enterprises, Inc. granted a trucking company’s motion for partial summary judgment dismissing the meal and rest period claim from a putative wage and hour class action. The Ayala court based its...
The determination of whether a particular worker is an employee or an independent contractor will depend on the administrative or judicial forum adjudicating the question. This week, the Associate General Counsel of the National Labor Relations Board issued an Advice...
On May 1, 2019, a California court of appeal in Muller v. Roy Miller Freight Lines, LLC affirmed a trial court’s order denying an employer’s petition to compel arbitration of a truck driver’s class action claim for unpaid wages, despite him agreeing in a signed...
The Fair Employment and Housing Act (FEHA) requires California employers to take reasonable steps to prevent and correct workplace discrimination and harassment. On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) released a “Workplace...
On May 8, 2017, the California Supreme Court handed down a decision in Mendoza v. Nordstrom, Inc. wherein it clarified an employer’s obligations concerning the state’s day of rest statutes found in Labor Code sections 550–558.1. Generally, California...
On April 16, 2021, the Governor signed Senate Bill 93, requiring certain employers to offer positions to certain laid-off employees who are qualified, based on a preference system, through December 31, 2024. The bill defines “laid-off employee” as any...
On May 2, 2019, the U.S. Court of Appeals for the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. vacated a summary judgment in favor of an international janitorial cleaning business that had classified its janitors as “independent...
The California Labor Commissioner has updated its Frequently Asked Questions in regard to the 2021 COVID-19 Supplemental Paid Sick Leave law. The FAQs address numerous topics including Coverage, Reasons for Taking Leave, Start Date and End Date, Requesting Leave from...
On April 29, 2021, the Centers For Disease Control and Prevention updated its “Interim Public Health Recommendations for Fully Vaccinated People” webpage. Among the guiding principles for fully vaccinated people, the CDC clarified that fully vaccinated...
On April 30, 2021, a court of appeal in Rosales v. Uber Technologies, Inc. affirmed a trial judge’s denial of the employer’s motion to compel arbitration of the plaintiff’s lawsuit that alleged a single cause of action for wage violations under the Private Attorneys...