On September 15, 2021, the Ninth Circuit Court of Appeals issued a ruling regarding AB 51, the California law prohibiting employers from requiring employees or applicants to execute arbitration agreements waiving their right to sue under state ...
[Read more] about Federal Court of Appeals Upholds Portions of California Law Prohibiting Mandatory Arbitration Agreements in Employment
Updates
Monitoring Employee Communications
Monitoring employee communications, especially instant messaging communications, is important to mitigate litigation risk. California’s discovery rules are broad, and allow discovery of any matter, not privileged, that is relevant to the subject ...
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California Supreme Court Issues Two Opinions Clarifying Prevailing Wage Requirements
Under California’s Prevailing Wage Laws, employers working on “public works” must pay employees prevailing wage rates set by the State. What qualifies as a “public works” and which employees are entitled to prevailing wage is often difficult to ...
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PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim
Under the California Labor Code's Private Attorneys General Act of 2004 (PAGA), an aggrieved employee — acting solely on their own behalf and/or on behalf of other current and former employees — may bring a civil action to enforce Labor Code ...
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Supreme Court Ruling on Meal & Rest Break Premiums Requires Immediate Action for CA Employers
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court last Thursday issued a disappointing decision for employers, finding that meal and rest break premium pay must be based on the employee’s “regular rate of pay” as opposed to their ...
[Read more] about Supreme Court Ruling on Meal & Rest Break Premiums Requires Immediate Action for CA Employers
Employer Victory on Favorable Method for OT Calculations
A California Court of Appeal recently rebuffed a long-held Division of Labor Standards Enforcement (DLSE) enforcement position on how overtime must be calculated for dual-rate employees, opening the door for use of the “rate-in-effect” method ...
[Read more] about Employer Victory on Favorable Method for OT Calculations
California Employers Permitted to Drop Mask Mandate for Vaccinated Workers
Changes to Emergency Temporary Standards to Take Effect Immediately
On June 17, 2021, the Occupational Safety and Health Standards Board held a special meeting to adopt yet further revisions to the existing Emergency Temporary Standards first ...
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Ninth Circuit Dramatically Restricts the Scope of PAGA Actions in Federal Court
The Labor Code Private Attorneys General Act (“PAGA”) deputizes private attorneys to enforce the California Labor Code, authorizing them to assess civil penalties for alleged Labor Code violations. Recent California decisions bestowed remarkable ...
[Read more] about Ninth Circuit Dramatically Restricts the Scope of PAGA Actions in Federal Court
