California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: New Cases

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Five questions about Los Angeles’ minimum wage increase all employers should understand

Posted in Best Practices For California Employers, New Cases, Resources, Wage & Hour Law
Businesses that have worksites or operate within Los Angeles City or County need to review the minimum wage laws that go into effect July 1, 2016.  While there are still many unanswered questions about the ordinances, there are key items employers need to start reviewing now to ensure compliance by the July 1, 2016 implementation. … Continue Reading

Employment law mid-year update and mixer

Posted in About the California Employment Law Report, Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law, Wrongful Termination
Join me for a seminar for a mid-year update on California employment law issues.  Learn how to keep your company compliant with new developments in California.  Topics will include: Top five pitfalls facing California employers in 2016 How to prepare for the Department of Labor’s changes to the overtime rules going into effect on December… Continue Reading

Five employment law developments in California

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Technology & Law, Wage & Hour Law
A lot was happening this week in California’s employment law.  This week’s Friday’s Five is a round-up on the highlights: 1.       Los Angeles City Council votes to require employers to provide 6 days of paid sick leave. The LA City Council approved a measure to require employers to provide employees up to six paid sick… Continue Reading

Friday’s Five: 2016 will be the year of joint employer liability – is your company ready?

Posted in Best Practices For California Employers, California Legislation Update, New Cases, Resources, Wage & Hour Law
Vertical-joint-employment-2-768x7682016 will be a year in which joint employer liability will be a major issue for employers.  Why am I making this prediction?  First, the NLRB has refocused attention to this issue in hopes of expanding the number of employers that can be found jointly liable.  Second, the Department of Labor issued an Administrative Interpretation… Continue Reading

Five videos all California employers should watch for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Happy New Year!  This Friday’s Five consists of five new video’s taken from a recent presentation I conducted on new employment laws facing California employers in 2016.  Wishing everyone the best in 2016. 2016 Update: California’s new equal pay protections: 2016 Update: Meal and rest break considerations: 2016 Update: Minimum wage increases state and locally:… Continue Reading

Friday’s Five: Five employment law areas to review for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
As we approach the close of 2015, employers should take the time to review their employment law policies and practices.  I’m often asked where should the process start?  Here are five areas employers can focus on to start the audit process: 1.      Employee handbooks Employers need to ensure their policies are up to date, and… Continue Reading

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Friday’s Five: Facebook “likes” and employee’s calling employer “asshole” can be protected activities

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Terminations, Wrongful Termination
FB mehJillian Sanzone worked for Three D, LLD, d/b/a Triple Play Sports Bar and Grille, as a waitress and bartender and Vincent Spinella worked as a cook.  The employees realized that they owed more money in State income taxes than expected and complained to the employer.  Sanzone, Spinella, and another former employee, Jamie LaFrance, began posting… Continue Reading

Friday’s Five: Organ donation, accommodation law effective 2016, and tips employers need to know now!

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases, Wrongful Termination
In July 2015, Governor Brown signed legislation designed to overturn the decision in Rope v. Auto-Chlor System of Washington Inc.  The case involved an employee who was asking his employer for an accommodation to take a future leave of absence in order to donate a kidney to his sister.  As discussed below, the case raises… Continue Reading

Uber class action certified, five takeaways for California employers

Posted in Best Practices For California Employers, Class Actions, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
This week, a federal court in northern California certified portions of a class action brought by Uber drivers who worked in California since 2009 (click here for the decision [PDF]).  Over 160,000 drivers have worked for Uber in California during this time period, and while the case is making a lot of news, what are… Continue Reading

What are the biggest threats facing restaurateurs in 2015 and beyond?

Posted in About the California Employment Law Report, Best Practices For California Employers, California Legislation Update, New Cases, Resources, Uncategorized
I was able to catch up with California Restaurant Association’s CEO, Jot Condie at the 2015 Western Foodservice & Hospitality Expo.  We discuss the threats facing restaurateurs and the steps the CRA is taking to represent its members.  … Continue Reading

Friday’s Five: Five recent employment law developments employers should heed

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, New Cases, Wage & Hour Law
This Friday’s Five covers five employment law developments that occurred in August 2015 that will have an impact for employers in California. 1)     NLRB ruling widens which companies may be considered “joint employers” In a 3-2 decision, the NLRB ruled that Browning-Ferris Industries of California, Inc. was a joint employer with a staffing agency, Leadpoint… Continue Reading

Friday’s Five: When employers may be required to pay employees to “do nothing”

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Even though employers allow employees to watch TV, surf the Internet, or even sleep, depending on the circumstances such on-call time, even if the employee is not doing any work, still may be required to be paid by the employer.  It has been clear since the 1940’s that employers have the obligation to pay employees… Continue Reading

Five employment related bills California employers must monitor

Posted in California Legislation Update, Class Actions, New Cases, Wage & Hour Law
With summer upon us, the California legislature is busy working on bills that could impact employers.  Here are five employment bills being considered by the state legislature that California employers should keep an eye on: 1. SB 3 – Increase in minimum wage and indexing to inflation Currently, California minimum wage is set to increase… Continue Reading

Labor Commissioner’s ruling against Uber widely misunderstood by media

Posted in Best Practices For California Employers, Exempt Employees, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Earlier this week Uber appealed a California Labor Commissioner ruling against it holding that a driver was misclassified as an independent contractor.  In this video, I briefly discuss the ruling and the lesson it holds for employers. Misclassification of employees as independent contractors can carry many damages and penalties.  For example, Sections 226.8 and 2753… Continue Reading

Five things employers must understand about LinkedIn’s job reference lawsuit

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Technology & Law
Recently, the issue raised in Sweet v. LinkedIn is whether the Reference Searches functionality offered by LinkedIn is governed by the regulations set forth in the FCRA.  The Reference Search feature allows users who pay a fee to search for references that have worked with any other LinkedIn member.  The results list common employers and… Continue Reading

Friday’s Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new “sharing economy”

Posted in Best Practices For California Employers, Class Actions, New Cases, Technology & Law, Wage & Hour Law
Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if… Continue Reading

Personal cell phones at work: Five lessons employers should take away about expense reimbursement set forth in Cochran v. Schwan’s Home Services

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Expense Reimbursement, New Cases, Technology & Law, Wage & Hour Law
Colin Cochran brought a putative class action against his employers, Schwan’s Home Service, on behalf of 1,500 customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. He alleged causes of action for violation of Labor Code section 2802; unfair business practices under Business and Professions… Continue Reading

Five issues employers should become familiar with under California’s Labor Code provisions regarding one day of rest every seven days of work

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
The Ninth Circuit Court of Appeals has asked the California Supreme Court to clarify three questions pertaining to California’s little known, and very rarely litigated, laws regarding a day of rest every seven days. The case is Mendoza v. Nordstrom. The California Supreme Court’s clarification could result in a new-found focus on these laws, and… Continue Reading

Five indispensable items employers must know about California’s Wage Theft Protection Act’s Notice to Employee

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Wage & Hour Law
The Wage Theft Protection act of 2011 added Labor Code section 2810.5 requiring all private California employers to provide a written notice containing specific information to non-exempt employees upon hire. Below are five indispensable items employers should understand about the Notice to Employee (“Notice”) required under the law. 1. All private employers, regardless of size,… Continue Reading

Five New Year’s resolutions for California employers in 2015

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Wage & Hour Law
Happy New Year.  I started the Friday’s Five articles at the beginning of last summer, and the interest in the articles has been astounding, so I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that said,… Continue Reading

Top five employment law class action claims for California employers in 2014

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Technology & Law, Wage & Hour Law
Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.… Continue Reading

Steps California employers should take to comply with employment law changes in 2015 – part one

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases
The laws passed in 2014 added some new posting requirements and resulted in the need to revise some of the notices California employers are required to provide to employees. This Friday’s Five Best Practices article sets out five items California employers should review before the start of 2015: 1. Review newly published frequently asked questions… Continue Reading

Five lessons for employers from new meal break decision: In re Walgreen Co. Cases

Posted in Best Practices For California Employers, Class Actions, Meal and Rest Breaks, New Cases
An appellate court upheld a trial court’s denial of class certification in a case brought against Walgreens. The appellate court’s decision provides a few good lessons for employers defending class action allegations. 1. Meal break cases are harder to certify as class actions after the Brinker decision. The California Supreme Court held in Brinker Restaurant… Continue Reading
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