This month the National Labor Relations Board (the “NLRB” or the “Board”) issued a proposal to broaden the standard for determining joint employer status under the National Labor Relations Act (“NLRA”), thereby replacing the current “final joint ...
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Updates
Owners’ Personal Liability for Minimum Wage Violations
Court Finds Discretion “May” Not be Judicial
Business owners often incorporate their businesses to help protect personal assets. Under California law, a corporation stands as a separate legal entity and can shield its owners from personal ...
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Fundamentals of Workplace Arbitration FAQ
Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
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“Have a Seat” California Employees!
New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating
California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
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Supreme Court Hands Employers Important Victory on Private Attorneys General Act (PAGA) Claims
In a closely watched case, the U.S. Supreme Court provided some welcome relief to California employers with arbitration agreements this week. The Court held that arbitration agreements that bar employees from pursuing representative claims under the ...
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Third Time’s the Charm? Cal/OSHA Approves Third Adoption of COVID-19 Emergency Temporary Standard
Cal/OSHA has revised and readopted its COVID-19 Prevention Emergency Temporary Standard (ETS) for the third time. The updated ETS went into effect on May 7, 2022 and remains in effect through December 31, 2022, at which time Cal/OSHA is expected to ...
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California Supreme Court Delivers One-Two Punch to Employers Related to Break Premium Pay
The California Supreme Court delivered a one-two punch to employers this week with respect to the penalties for missed breaks. It held that the penalty for a missed break (one hour’s pay) constitutes “wages” that must be reported on statutorily ...
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ADA Claims Could Apply to Businesses With Fewer Than 15 Employees
Originally published for HR California
A recent Ninth Circuit decision allows a former employee to proceed with her Americans with Disabilities Act (ADA) discrimination claims despite working for an employer with fewer than 15 employees. In this ...
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