Assembly Bill 1008 prohibits public and private employers with five or more employees from making any pre-employment inquiries, including in any employment application, that would disclose an applicant’s criminal history. Only after an employer makes a...
Advising And Defending Businesses
Month: October 2021
Time to Review and Update Your Company’s Employment Application and Interview Process
Effective January 1, 2018, all employers in California will be prohibited from asking a job applicant about their salary history. Employers may not ask, verbally or in writing, for any salary history information, including compensation and benefits. Only if an...
California Prohibits Certain Mandatory Arbitration Agreements in Employment
On October 10, 2019, the governor signed Assembly Bill No. 51 that will prohibit employers from requiring employees to enter agreements that provide for the resolution of claims related to discrimination and wage and hour matters by a private arbitrator. The new law...
PAGA Actions for Non-Compliant Wage Statements Made Easier for Plaintiffs
On September 26, 2017, the plaintiffs’ bar scored a win against California employers. In Lopez v. Friant & Associates, LLC, a Court of Appeal held that a Private Attorneys General Act (“PAGA”) action for allegedly non-compliant wage statements...
McDonald’s Corp. Not Liable as a “Joint Employer” with Franchises for Wage Claims
On October 1, 2019, the U.S. Court of Appeals for the Ninth Circuit in Salazar v. McDonald’s Corp. affirmed summary judgment in favor of McDonald’s Corp. in a class action lawsuit brought by former hourly paid employees who alleged that they were denied overtime...
Premium Wages Owed for Missed Meal Periods, but No Additional Remedies
On September 26, 2019, a California court of appeal in Naranjo v. Spectrum Security Services, Inc. answered several important questions that arise in class action lawsuits alleging meal period violations under Labor Code section 226.7. The company’s policy required...