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...
Advising And Defending California Businesses
Year: 2021
SB 93 Creates Right to Recall for Certain Qualified Employees of Specified Employers
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...
Ninth Circuit Applies Dynamex “ABC Test” for Determining Independent Contractor Retroactively
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...
Labor Commissioner Issues Updated FAQs Regarding Supplemental Paid Sick Leave
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...
CDC Updates Its Guidelines For Vaccinated Employees
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...
Arbitrator Does Not Decide Whether Plaintiff Was an Employee or Independent Contractor Under PAGA
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...
California Supreme Court Establishes New Criteria for a Worker to be Classified as an “Independent Contractor”
On April 30, 2018, the California Supreme Court handed down a unanimous decision that will affect any employer that classifies a worker as an “independent contractor,” as opposed to an employee. The Court in Dynamex Operations held that it is the...
Express Language in Agreement Required for Arbitration of Class Actions
On April 24, 2019, the U.S. Supreme Court in Lamps Plus, Inc. v. Varela held that judges may compel class action arbitration only where the parties have expressly agreed to do so in their arbitration agreement. Reversing a decision of the Ninth Circuit Court of...
What You Need to Know About the Families First Coronavirus Response Act
Material for the webinar presented by Rediger Labor Law for the Capital Region Family Business Center on April 13, 2020 entitled, “What Your Family Business Needs to Know About The Families First Coronavirus Response Act” is available to our clients...
Employer Pay Practices and Recent Expansions of the California Fair Pay Act
The California Fair Pay Act (“CFPA”) requires equal pay for men and women doing substantially similar work. As of January 1, 2017, Senate Bill 1063 and Assembly Bill 1676 amended the CFPA and expanded its scope. SB 1063 requires equal pay for employees of...
