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...
Advising And Defending California Businesses
Employment Law
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...
Employer Prevails in Background Check Class Action Under the FCRA
On April 15, 2019, a California court of appeal in an unpublished decision in Culberson v. Walt Disney Parks and Resorts affirmed a summary judgment in favor of an employer in a class action lawsuit alleging willful violations of the federal Fair Credit Reporting Act....
\PAGA Lawsuit Challenging Information Listed on Employees’ Pay Stubs Dismissed
On April 10, 2019, a court of appeal in Savea v. YRC Inc. affirmed a lower court’s dismissal of a lawsuit brought under the Private Attorneys General Act (PAGA) by an employee on behalf of himself and as an “aggrieved employee” that alleged that the employer’s wage...
Requiring an Employee to Verify His Immigration Status as a Condition to Reinstate His Employment Would Violate California Public Policy
In Santillan v. USA Waste, Inc. (“USA Waste”), a 53-year old garbage truck driver sued his employer of 32 years for age discrimination and retaliation. Santillan had an exemplary employment record. He was rarely disciplined during his first 30 years at USA...
Broadly Worded Arbitration Agreement for Employment Claims Can Apply Retroactively
On March 25, 2019, a court of appeal published its decision in Salgado v. Carrows Restaurants, Inc., reversing a trial court’s order denying the employer’s motion to compel arbitration. The Salgado court held that the arbitration agreement the plaintiff had signed on...
COVID-19 Guidance for Employers from the California DFEH
The California Department of Fair Employment and Housing (DFEH) has published a series of Frequently Asked Questions addressing various employment issues related to the COVID-19 pandemic. The DFEH is the California state agency in charge of enforcing the Fair...
Changes to California’s WARN Act and the new Families First Coronavirus Response Act
On March 17, 2020, Governor Newsom issued Executive Order N-31-20 that suspended the 60-day notice requirement of California’s Worker Adjustment and Retraining Notification Act where a covered employer orders a mass layoff, relocation or termination of employees...
California Supreme Court Provides Employers With Formula for Computing Overtime When an Employee Receives a Flat Rate Bonus
In Alvarado v. Dart Container Corporation of California, the employer was sued for improperly paying overtime due to its use of “attendance bonuses” that were given to employees for completing weekend shifts. The employer followed the federal method of...
Template Notice to Employees Under California’s Immigrant Worker Protection Act
We previously wrote about the various obligations that California employers now have as a result of the state’s new Immigrant Worker Protection Act, which became effective on January 1, 2018. Among other things, the new law requires employers to notify employees prior...
