California Developments

Chicken Soup for CA Employers: How to Stay Healthy When Implementing Your Sick Leave Plan

Mike DelikatPosted on February 3, 2015

The new California paid sick leave law is now “in effect” (as we reported here and here) and you are ramping up your HR and payroll team to get ready for July 1 when employees can start accruing sick leave under the law. But now that you’re digging into the details, you’re realizing that this isn’t as easy as you thought. Don’t worry, you’re not alone. There are a few subtleties to the sick leave law that are catching more than a few employers off guard. But fear not, here are some tips to help you implement your sick leave plan:

High Court Says “Let It Ride”; Limo Company Fails to Flag Down Enough Justices to Hear PAGA Carve-out Case

Renee Phillips and Michael DisotellPosted on January 27, 2015

On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney General Act (PAGA) claims cannot be waived in arbitration agreements. Enacted in 2004, PAGA deputizes private citizens to seek penalties on behalf of the state by bringing representative suits for workplace violations.

San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

Jill L. RosenbergPosted on December 16, 2014

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to make schedules more predictable for all employees. The ordinances are believed to affect approximately 35,000 employees in San Francisco (approximately 5 to 6% of the City’s total wage and salary employment) and are also believed to provide the broadest protections in the country in terms of rights for part-time workers and scheduling requirements.

Don’t Let California’s Sick Leave Law Leave You Sick this New Year’s: Be Prepared to Comply on January 1!

Editorial BoardPosted on December 9, 2014

California employers are facing a healthy dose of new requirements next month as the notice and posting provisions in the state’s recently enacted paid sick leave law take effect. To help employers comply before ringing in the New Year, the California Labor Commissioner has published a revised Wage Theft Notice and a new workplace poster.

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

Editorial BoardPosted on October 28, 2014

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to retain such waivers in their arbitration agreements. The answer to whether such waivers should be retained is not as straightforward as one might expect.

New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing Agencies

Joe LiburtPosted on October 7, 2014

On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires companies who use workers provided by staffing agencies to “share with a labor contractor all civil legal responsibility and civil liability” for (1) the payment of wages and (2) the provision of workers’ compensation insurance.

Domino’s Delivers Key Ruling in Favor of Franchisors

Andrew Livingston, Tracy Scheidtmann and David B. SmithPosted on September 30, 2014

The California Supreme Court recently issued an important victory for franchisors, finding that a franchisor does not stand in an employment or agency relationship with the franchisee and its employees for purposes of holding the franchisor vicariously liable.

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

Julie Totten and Lisa LupionPosted on September 23, 2014

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a result, many California employers need to be prepared to expand their training programs to address abusive conduct beginning on January 1, 2015.

To Your Health: California Enacts Broad Sick Leave Law

Jill L. RosenbergPosted on September 12, 2014

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s office stated that this bill will provide sick leave to about 40 percent of California’s workforce, or 6.5 million workers, who do not currently receive this benefit.

Federal Preemption Defense Running Out of Gas?

Editorial BoardPosted on August 13, 2014

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue is whether the Federal Aviation Administration Authorization Act (“FAAAA”) precludes truck drivers from asserting claims for meal and rest break, minimum wage, and other violations under California law. At least for now, the road is clear for such claims.

Employment Law and Litigation