Archives: California

California Supreme Court Applies Dynamex Independent Contractor Test Retroactively

By Joseph S. Persoff on January 14, 2021 Posted in California, Independent Contractor

The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first developed in the Court’s Dynamex decision, applies to California wage and hour claims implicating a time period prior to issuance of the Dynamex decision on … Continue Reading

California Expands Family Leave to Employees of Small Employers

By Joseph S. Persoff on September 24, 2020 Posted in California

California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees. Under this new law, employees of small employers would be entitled to up to 12 weeks of unpaid leave during any … Continue Reading

California Enacts COVID-19 Sick Leave for Workers

By Nancy Inesta and Joseph S. Persoff on September 11, 2020 Posted in California

Last week, California enacted a law, Assembly Bill (AB) 1867, providing supplemental COVID-19-related sick leave to food-sector workers and workers employed by a company with 500 or more employees nationwide. The law requires employers of such employees to provide sick leave – in addition to any other leave the employee may be entitled to – … Continue Reading

Return to Work: What Employers Should Know About AB 1281, CCPA Notice Requirements and Recent Labor Law Guidance

By Alan L. Friel, Jeewon Serrato and Catrina Wang on September 8, 2020 Posted in California

While most privacy news and alerts have been focused on the collection and processing of customer data (see our earlier posts about interest-based advertising and the House Judiciary Committee’s Antitrust Hearing with Big Tech, for example), privacy issues related to data collected from employees and business-to-business (B2B) contacts increasingly are becoming a concern for businesses. … Continue Reading

Something Is Rotten in the State of California? Ride Share Misclassification Ruling Is Merely Act I

By Todd Lebowitz on August 13, 2020 Posted in California

“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia. Having consulted Wikipedia, I can confirm that this soliloquy occurs in Hamlet, Act III, Scene 1. A lot happens in Act III and beyond, and … Continue Reading

Second Circuit Says No California Anti-SLAPP Motions in Federal Court

By Joseph S. Persoff on July 16, 2020 Posted in California

The Second Circuit Court of Appeals has split with the Ninth Circuit Court of Appeals and concluded that California’s statute to avoid strategic lawsuits against public participation (anti-SLAPP) does not apply in federal court. The initial impact of the decision is limited, as it would not have binding effect on California district courts. This decision … Continue Reading

AB 2457: A Potential Helping Hand for California Employers in a Time of Need

By Shareef Farag and Carter Norfleet on June 3, 2020 Posted in California

With the sudden outbreak of COVID-19 forcing businesses to shut their doors for months, coupled with resulting furloughs and layoffs, California employers could use a helping hand. Assemblywoman Melissa Melendez (R-Lake Elsinore) has proposed new legislation to the California Legislature that could lend a helping hand to employers, especially smaller employers grappling with the impact … Continue Reading

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

By Eric W. Witt on November 8, 2019 Posted in California, Staffing Agency

In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and Housing Act (FEHA). In answering this question, the court also provided useful guidance to California businesses on the standard for whether an … Continue Reading

California Employers Receive Favorable Interpretation of “Regular Rate of Compensation” in Labor Code Provision Concerning Meal and Rest Period Premium Pay and Guidance Regarding Lawful Rounding Practices

By Sabrina Shadi and Eric W. Witt on October 18, 2019 Posted in California

Earlier this month, a California Court of Appeal issued an opinion that is good news for California employers. The opinion addressed the meaning of “regular rate of compensation” in California Labor Code section 226.7, which requires employers to pay employees a premium wage when employees do not receive meal or rest periods, and also addressed … Continue Reading

California Court of Appeal Concludes That Claims Under Labor Code 2800 and 2802 Not Excluded From Coverage by “Wage and Hour” Exclusion in Lloyd’s of London Insurance Policy

By Marcus McCutcheon on October 1, 2019 Posted in California

In a win for California employers, the California Court of Appeal for the Fourth District held in Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number 11EPL-20208, 2019 WL 4572859, that claims against the insured employer brought under California Labor Code §§ 2800 and 2802 were potentially covered by … Continue Reading

New California Law Prohibits Asking Job Applicants About Their Salary History

By Vartan Madoyan on October 22, 2017 Posted in California, Uncategorized

A new California law (AB 168) was signed by Governor Jerry Brown on October 12, 2017 that prohibits employers from inquiring about the salary histories of its job applicants. AB 168, which takes effect on January 1, 2018, and applies to all California employers (including state and local governments) represents an expansion of California’s fight … Continue Reading

Los Angeles Joins Ban the Box Movement

By Todd Lebowitz and Jeffrey Bils on December 27, 2016 Posted in Background Checks, California

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its Fair Chance Initiative for Hiring, the city joins San Francisco, New York, Chicago, and about two dozen other cities, counties and states in enacting Ban the Box measures to promote … Continue Reading

Amendments to FEHA Regulations Effective April 1, 2016

By BakerHostetler on March 28, 2016 Posted in California

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case law interpretations, they also contain several new requirements that impact mandatory employer policies, trainings, and notices. New Harassment, Discrimination, and Retaliation Prevention Policy … Continue Reading

California Court Clarifies How to Calculate Overtime on Flat Sum Bonuses

By Jeffrey Bils on January 21, 2016 Posted in California

A California court of appeal has addressed a gap in California law to clarify what can be a tricky problem for employers — how to calculate overtime on bonuses of a fixed amount, or “flat sum” bonuses. The court’s answer can be summarized in three words: Follow federal law. The dispute in Hector Alvarado v. … Continue Reading

Updates to California’s Paid Sick Leave Law

By Jeffrey Bils on July 15, 2015 Posted in California, Leave of Absence

California Governor Jerry Brown has signed a bill intended to cure some of the ambiguities in the state’s new paid sick leave law that have been a headache for employers. The Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) took full effect on July 1, 2015 and requires employers of any size to provide … Continue Reading

Changes in California Employment Law for 2015

By BakerHostetler on January 13, 2015 Posted in California

This BakerHostetler Alert was authored by: Vartan S. Madoyan, Barri L. Friedland, Diamond M. Hicks, and Sabrina L. Shadi As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: Mandatory Paid Sick Leave Protections Against Discrimination and Harassment for Unpaid Interns and Volunteers Protection Against Discrimination … Continue Reading

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation Coverage

By Todd Lebowitz on November 10, 2014 Posted in California, Independent Contractor, Workers' Compensation

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of Georgia law in an independent contractor agreement and found that the contractor was an employee under California law. Later that month, the California … Continue Reading

The California Court of Appeal Finds That an Employee Expense is an Employee Expense is an Employee Expense

By Vartan Madoyan on August 20, 2014 Posted in California

On Tuesday, August 12, 2014, the California Court of Appeal (Second Appellate District) published a decision that could impact many employers in California. The threshold question at issue in the case was whether an employer was required to reimburse its employees for the reasonable expenses they incurred for the mandatory use of a personal cell … Continue Reading

California Employers, Look What 2014 Has In Store for You!

By Amy J. Traub on December 17, 2013 Posted in California

With the New Year on the horizon, there are a number of important changes to California law, which will become effective on January 1, 2014. Be sure to check them all out here. And have a happy holiday season!… Continue Reading

Failure to Reimburse California Employees for Business Expenses, Including Mileage, Resulting in Class-Action Litigation

By Nancy Inesta on August 29, 2013 Posted in California, FLSA, Retail, Wage and Hour

In California, there has been an increase in class action litigation against employers for the alleged failure to reimburse employees for business expenses, particularly mileage reimbursement. By way of example, in recent actions filed against prominent retailers, employees allege that they were not reimbursed for mileage and other travel expenses caused by: daily bank deposits, … Continue Reading