We understand these are extremely uncertain times with the rapid spread of COVID-19 impacting virtually every facet of business and resulting in a wave of emergency legislation. Recently, the Families First Coronavirus Response Act (“FFCRA”) was passed requiring employers with fewer than 500 employees to provide employees with paid leave in certain circumstances related to…
There is potentially some more bad news for California employers affected by the recent wave of “independent contractor” decisions. The California Court of Appeal recently held that the ABC test as outlined in the 2018 California Supreme Court Dynamex decision applies retroactively to pending litigation on wage and hour cases. The opinion in Gonzales v.…
As many business owners are aware, the California Supreme Court recently threw employers a serious curveball with respect to how employers must calculate overtime. Adding to the confusion, the Court stated employers should have been aware of this calculation method even though the same California Supreme Court declared it void over 20 years ago.
California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.
For many businesses, intellectual property is the glue that holds the company together. These assets provide financial – and job – security for many. With this in mind it’s a wonder that so many companies do not have invention assignments in place.
California just passed the California Consumer Privacy Act of 2018, expanding the data privacy rights of California residents in an unparalleled step. All employers should be aware of the Act and prepared to meet its requirements come January 1, 2020, the date it goes into effect. Put simply, the Act provides consumers who are defined…
In recent employment cases filed in California, plaintiffs — potential job applicants — have alleged California employers have an obligation to make their job application websites accessible to the visually impaired under California’s Fair Employment and Housing Act (“FEHA”), the state’s version of Title I of the Americans with Disabilities Act (“ADA”). Under this law,…
A California state senator has proposed a bill that would hold major retailers liable when the trucking companies they use to carry goods violate labor laws. California Senator Ricardo Lara has introduced SB 1402 to attempt to solve a long-standing “driver misclassification issue” for drivers who carry goods to and from ports in Southern California.
California employers may no longer ask job applicants or potential hires about criminal convictions during the hiring process, but they may still rescind conditional offers upon learning about convictions. New legislation effective January 1, 2018 prohibits employers with five or more employees from askin about criminal convictions under three circumstances:
The New Year ushered in a number of laws increasing employee protections related to discrimination, harassment, and retaliation in California. Sexual harassment training: