On December 6, 2019, several business organizations filed a lawsuit in the U.S. District Court for the Eastern District of California challenging the legality of Assembly Bill No. 51. AB 51 generally prohibits employers from requiring applicants and employees to enter...
Advising And Defending Businesses
Year: 2021
Overtime Rules Change in the Agricultural Occupations on January 1, 2020
In 2016, Assembly Bill No. 1066 created a timetable for agricultural workers to receive overtime compensation. Effective January 1, 2020, agricultural employees who work for employers with 26 or more employees must receive premium pay for all hours worked over 9 hours...
Employer Association Files Suit to Declare PAGA Unconstitutional
On November 28, 2018, the California Business & Industrial Alliance, an association representing California-based employers, filed a 54-page Complaint in the Orange County Superior Court seeking injunctive and declaratory relief against Attorney General Xavier...
Meal Periods Shortened by Employer to Less Than 30 Minutes Results in Substantial Liability
On November 30, 2018, the Court of Appeal in Kaanaana v. Barrett Business Services, Inc. made clear that an employee’s right to a duty-free 30-minute meal period is separate and distinct from his or her right to be paid one hour of “premium pay” for...
A Legitimate Company Policy Mistakenly Applied Results in Disability Discrimination Liability
On November 12, 2019, a court of appeal in Glynn v. Superior Court reversed a trial court’s order granting an employer summary adjudication of an employee’s disability discrimination and retaliation claims. A temporary employee in the employer’s benefits department...
Are All Your Notices And Posters Up To Date?
All employers in California are required to post numerous notices in areas frequented by their employees. The notices are intended to inform employees of their rights under various federal and state employment-related laws. Often a federal or state agency, however,...
Law Firm Prevails Over EEOC in Federal Jury Trial
Robert L. Rediger and Candice K. Rediger obtained a unanimous jury verdict in favor of Placer Advocacy, Resources & Choices in a case brought against it by the U. S. Equal Employment Opportunity Commission (“EEOC”) in federal court. On March 25, 2013, the EEOC...
Construction Employer’s CBA May Waive PAGA Claims
On September 19, 2018, Governor Brown signed Assembly Bill No. 1654. Effective January 1, 2019, AB 1654 modifies the Private Attorneys General Act of 2004 (“PAGA”) and exempts an employee in the construction industry from its coverage with...
The Person Responsible for Failing to Pay Employees Minimum Wage and Overtime Pay Can Be Held Personally Liable Under PAGA
On September 28, 2018, the Fourth Appellate District Court of Appeal in Atempa v. Pedrazzani held that a person violating the minimum wage and overtime pay provisions of the Labor Code may be held personally liable for the plaintiffs’ attorney fees, costs, and...
Upcoming Event – The Rules of Evidence: A Practical Toolkit
Friday, December 14, 2018: National Business Institute will present a seminar entitled, “The Rules of Evidence: A Practical Toolkit” in Sacramento. Robert L. Rediger will join other speakers at this one-day seminar and present “Keeping Evidence...