RECENT POSTS
Employment Defense: Workforce Classification
June 5, 2019 by the Employment Practice Group The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme
Wage Orders a Real “Tilly” for Employers
February 11, 2019 Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating,
California Employer Compliance: New Laws Affect Nearly Every Business
The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact,
Hotel/Motel Employers: California Requires Human Trafficking Awareness Training
Senate Bill 970 was signed into law by Governor Jerry Brown and applies exclusively to all hotels and motels with employees in California. As of July 1, 2019, all hotel/motel employers must to provide at
NLRB Proposes Tougher Standards for Plaintiffs Claiming Joint Employer Liability
The joint employer question has been a hot topic in franchise and employment litigation for the last few years. You may remember the Browning-Ferris decision of 2015, in which the National Labor Relations Board (NLRB,
Grande or Venti? CA Supreme Court Weighs in on the De Minimis Question
De minimis is a Latin phrase that refers to something of little importance, or very irrelevant. The federal Fair Labor Standards Act (FLSA) recognizes that some employee duties are so small, or take such little
When Managers Go “Rogue”: Franchise & Employment Law Implications
by Matthew J. Soroky & Tal Burnovski Yeyni What should an employer do when an employee violates Company policies or when the employee’s actions reflect poorly on the Company? Most employers use disciplinary actions – anything
Court of Appeal Limits Applicability of the ABC Test
by Sue M. Bendavid & Nicholas Kanter In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions
FAA and NLRA: Can’t We All Just Get Along?
Employment Defense by Tal Burnovski Yeyni 818-907-3224 On Monday, the U.S. Supreme Court issued a long-awaited decision confirming the enforceability of class action waivers in employment arbitration agreements. The background: As previously written, in 2016
Dear Boss: I’m sick. Please Don’t Pay Me. Sincerely…
Employment Compliance by Tal Burnovski Yeyni 818-907-3224 This may not be the best time of year to talk about sick leave. The days are longer. The sun is shining. The weather is hotter. And, workplaces…