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SCOTUS Issues Employers Relief in PAGA Actions

Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a single employee, who alleges a single labor code violation, to step into the shoes of […]

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GM

New Employee Safety Bill May Increase Litigation in California

The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.”  The bill purports to apply during major natural disasters and states of extreme peril, but contains little limit on what may constitute an emergency condition permitting an employee to refuse […]

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California Supreme Court Holds That Meal and Rest Break Premiums Must Include Commissions, Bonuses and Other Non-Discretionary Pay

Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more than ten hours and a 10-minute rest break for every four hours (or major fraction thereof) an employee works. Most employers […]

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CJ

California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline

Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021.  Similar to the Federal EEO-1 reporting requirements, in September 2020, California passed Senate Bill 973 which requires employers with […]

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California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA

Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and health care providers to provide 80 hours of supplemental paid sick leave to employees who […]

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice […]

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COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here to continue reading.

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Of Counsel

Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions overturned previous rulings that the time spent by employees in post-shift security screens was not […]

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California Meal and Rest Break Rules Are Preempted by Federal Law for Property-Carrying Truck Drivers

The Federal Motor Carrier Safety Administration (“FMCSA”) recently ruled that California’s meal and rest break rules are preempted by the Motor Carrier Safety Act (“MCSA”), 49 U.S.C. § 31141, as applied to property-carrying commercial motor vehicle drivers covered by the FMCSA’s hours of service regulations. The MCSA proscribes certain requirements for commercial motor vehicles operating […]

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California Court of Appeal Finds Employee Non-Solicitation Agreement Unenforceable

Previously, agreements prohibiting former employees from soliciting a former employer’s employees were generally considered enforceable, so long as they had reasonable terms. Earlier this month, however, the California Court of Appeal issued a decision, AMN Healthcare v. Aya Healthcare Services Inc., calling into question the validity of any employee non-solicitation agreement. The Court in AMN […]

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