Advising And Defending California Businesses
On February 4, 2019, a California court of appeal in a 2-1 decision held that if an employee is required to “call-in” to see if he or she must report for work, such as by using a phone or logging-on to a computer remotely, the employee “reports for work,” and is...
As HR professionals are well-aware, handling an employee’s request for a reasonable accommodation can become a time-consuming and stressful process. The mishandling of a request can lead to costly and time consuming legal consequences. (Here is one example concerning...
A recent decision by a California court of appeal illustrates the importance of an employer paying an employee all wages owed in a timely manner when the employment relationship is severed. In Stratton v. Beck, an employee of two months filed a claim with the...
On January 31, 2020, Judge Kimberly Mueller of the United States District Court for the Eastern District of California issued a minute order granting a motion for a preliminary injunction prohibiting the State of California from enforcing Assembly Bill No. 51. AB 51...
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...