What's New - Rediger Labor Law

23 Mar Changes to California’s WARN Act and the new Families First Coronavirus Response Act

Posted at 05:00h in Employment Law

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 at a covered establishment. The Executive Order adopts...

17 Mar Employee May Settle His Individual Wage Claims and Still Sue Under PAGA

Posted at 09:06h in Class Action

On March 12, 2020, the California Supreme Court in Kim v. Reins International California, Inc., held that employees may settle and dismiss their individual claims for Labor Code violations and not lose standing to pursue a claim under the Private Attorneys General Act of 2004...

16 Mar Rediger Labor Law Wins Summary Judgment in Employment Discrimination Case

Posted at 07:00h in Employment Law

Attorney Justin R. Rediger prevailed on a motion for summary judgment in a case alleging disability discrimination, racial harassment, and whistleblower retaliation. Judge George J. Abdallah, Jr. of the San Joaquin County Superior Court agreed that there was no triable issue of fact as to...

09 Mar Three-Year Statute of Limitations Applies to a Willful Refusal to Pay Overtime Under FLSA

Posted at 07:00h in Employment Law

On March 2, 2020, the U. S. Court of Court of Appeals for the Ninth Circuit in Scalia v. Employer Solutions Staffing Group, LLC, et al. affirmed a district court’s summary judgment in favor of the U. S. Secretary of Labor against ESSG in an...

02 Mar NLRB and DOL Issue New Rules For Determining “Joint Employer” Status

Posted at 10:23h in Labor Law

On February 26, 2020, the National Labor Relations Board issued a final rule regarding whether two entities will be considered a joint employer, restoring its pre-2015 standard, and providing greater precision, clarity, and detail by using its rulemaking power. The Board’s new rule becomes effective...

18 Feb Time Spent Waiting for Required Exit Search Is Compensable Under California Law

Posted at 07:00h in Employment 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 purely for personal convenience...

05 Feb Federal Judge Issues Preliminary Injunction Prohibiting Enforcement of AB 51 Regarding Mandatory Arbitration Agreements

Posted at 10:06h in Employment Law

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 prohibits employers...

15 Jan Courts Block Enforcement of AB 5 as to Truck Drivers and AB 51 Prohibiting Mandatory Arbitration Agreements

Posted at 11:15h in Employment Law

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 of the Federal...

What’s New

23 Mar Changes to California’s WARN Act and the new Families First Coronavirus Response Act

17 Mar Employee May Settle His Individual Wage Claims and Still Sue Under PAGA

16 Mar Rediger Labor Law Wins Summary Judgment in Employment Discrimination Case

09 Mar Three-Year Statute of Limitations Applies to a Willful Refusal to Pay Overtime Under FLSA

02 Mar NLRB and DOL Issue New Rules For Determining “Joint Employer” Status

18 Feb Time Spent Waiting for Required Exit Search Is Compensable Under California Law

05 Feb Federal Judge Issues Preliminary Injunction Prohibiting Enforcement of AB 51 Regarding Mandatory Arbitration Agreements

15 Jan Courts Block Enforcement of AB 5 as to Truck Drivers and AB 51 Prohibiting Mandatory Arbitration Agreements