Assembly Bill 2337 will require employers with 25 or more employees to inform employees of their right to take leave if they are the victim of domestic violence, sexual assault, or stalking and of their right to be reinstated and reimbursed if they were discharged,...
Advising And Defending California Businesses
Year: 2021
Employers May Not Round Time for Meal Periods Under California Law
On February 25, 2021, the California Supreme Court in Donohue v. AMN Services, LLC, addressed two questions relating to meal period claims brought as a class action under California law: whether an employer may properly round time punches for meal periods, and whether...
Employer’s Attempt to Send Potential Class Action Lawsuit to Arbitration under CBA Rejected, but Court Gives Employers a Glimmer of Hope for the Future
May an employer force an employee covered by a collective bargaining agreement (“CBA”) to arbitrate their wage and hour claims instead of suing in court? Maybe, answered one California Court of Appeal in Vasserman v. Henry Mayo Newhall Memorial Hospital....
Class Action May Proceed Against Employer Who Failed to Use Clear, Standalone Disclosure Form for Third Party Background Check
An employer that conducts a background check 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...
“All Gender” Bathroom Bill to Take Effect March 1, 2017
Beginning on March 1, 2017 all business establishments, places of public accommodation, and government agencies with single-user toilet facilities must identify them as “all-gender” as opposed to the traditional “men” and “women.”...
Employee May Not Sue Employer’s Payroll Company for Wage and Hour Violations
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...
Time Spent Waiting for Required Exit Search Is Compensable Under California Law
On February 13, 2020, the California Supreme Court in Frlekin v. Apple Inc. held that time spent by employees on their employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work...
Employer Reimbursement Policies Must Reimburse Employees for Expenses Incurred
On February 8, 2021, the United States Court of Appeals for the Ninth Circuit held that alleged “reimbursement payments” an employer made to its employees were really “wages,” and accordingly, such amounts had to be factored into the...
Two Bills Expand the Equal Pay Act
Senate Bill 1063 expands the Equal Pay Act by prohibiting an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work when viewed as a composite of skill, effort, and...
Employers May No Longer Inquire about or Utilize an Applicant’s Juvenile Convictions in Making Their Hiring Decisions
Assembly Bill 1843 now prohibits employers from inquiring about an applicant’s juvenile convictions and/or utilizing information related to juvenile arrests, detentions, or court dispositions as a factor in determining employment. This bill went into effect...
