In 2019, California enacted AB 51, making it an unlawful employment practice for employers to require applicants or employees, as a condition of employment, to waive any right, forum, or procedure relating to a Labor Code or FEHA claim. The short version of this word salad is that employers couldn’t mandate arbitration agreements. However, a
Being named as a defendant in an employment class action or Private Attorneys General Act (PAGA) representative lawsuit can be overwhelming, especially for a growing company. However, a company can minimize the impact of litigation on its existing operations and put forth the best defense with some planning and good strategic advice. Here are five
The California supreme court provided further guidance on employer obligations to provide meal breaks as required under the Labor Code and applicable Wage Orders. In Donohue v. AMN Services LLC, the California supreme court held that employers may not use time rounding policies in context of meal periods, and time records for meal periods
Arbitration agreements are an increasingly popular way for employers to manage employment disputes effectively and efficiently. A common provision in arbitration agreements is a class action waiver, wherein the parties agree to resolve any dispute on an individual basis. Any employer who has faced a wage and hour class action understands how complex and expensive
Being named as a defendant in a class action or Private Attorneys General Act (PAGA) lawsuit can be overwhelming, especially for a growing company. However, with planning, a company can minimize the impact of litigation on its existing operations and put forth the best defense. Here are five steps a company can take as part
There are a lot of California employment law developments at the mid-point of 2019. Below are five recent videos from our YouTube Channel discussing these new developments. Subscribe to our YouTube Channel to keep current.
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Happy Friday. Here is a refresher post for today’s Friday’s Five about some requirements about 10-minute rest breaks required for non-exempt employees:
1. Timing of rest breaks
The 10-minute rest break must be provided to employees who work over three and a half hours. Employers must authorize and permit employees to take 10-minute rest breaks
In April 2019, a jury in a California federal court awarded plaintiffs over $6 million in damages for missed meal breaks. Hamilton et al. v. Wal-Mart Stores Inc. et al. (Case No. 5:17-cv-01415-AB-KK). The case involved 5,000 employees who worked at Walmart’s fulfillment center in Chino, California. Plaintiffs brought a class action against Walmart alleging
Employment Practices Liability Insurance, often referred to as EPLI, can be a great resource for some employers in California. However, just like any other major purchasing decision, employers must be very careful when purchasing this insurance, as often times they can be surprised about what the insurance does not cover and the loss of control
This Friday’s Five is a video (see video below) that reviews the ABC test for independent contractors as set forth in the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, (2018) 4 Cal.5th 903. The five issues I discuss in the video include:
1) Part A of the test