Court of Appeal Clarifies Definition of Alter Ego and Joint Employer
by Julie Ann Giammona In Turman v. Superior Court, the California Court of Appeal sent a warning to sole proprietor employers who have incorporated in the hopes of gaining the personal liability protections of a corporation: Beware of the joint employer and alter ego theories that can, and often do, remove the desired corporate shield.
New California Law & Salary History
by Michelle Ferber Governor Brown signed into law a state-wide ban on employer inquiries into an individual’s salary history. Under AB 168, no employer of any size may rely on an applicant’s prior salary history “as a factor in determining whether to offer employment . . . or what salary to offer an applicant.” The
California Supreme Court Clarifies “Day of Rest” Rules for Ninth Circuit
by Michelle Ferber and Robert Ferrier In the recent case of Mendoza v. Nordstrom, Inc., the Ninth Circuit, as described below, asked for and received substantial guidance from the California Supreme Court regarding California’s “day of rest” law, otherwise known as Cal. Lab. Code §§ 551 and 552. The Supreme Court has now provided substantial
Court of Appeals Upholds Petition to Compel Arbitration In Wage Claim
by Robert Ferrier In OTO, LLC v. Kho, the California Court of Appeals enforced a binding arbitration clause that a former employer provided the employee as a condition of employment. Here, the plaintiff brought an unpaid wage claim against his former employer. After subsequent settlement negotiations failed, the employer tried to invoke the arbitration clause.
California Employers Must Provide New Hires With Notice of Victim’s Rights
by Robert Ferrier As of July 1, 2017, California employers must provide new hires with notice of victim’s rights. All California employers with 25 or more employees must give new employees (and current employees who request it) written notice explaining the rights of victims of domestic violence. The California Labor Commissioner’s Office has provided a
California Supreme Court Takes Stand on Seating Requirements in Employment
by Michelle Ferber Please see the following link to read Michelle Ferber’s article on this topic in the August 2017 issue of Caltrux magazine. California Supreme Court Takes a Stand on Seating Requirements DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be
Summer Employment – Quick Tips to Avoid Common Pitfalls
by Michelle Ferber and Jennifer Lucas Please see the following link regarding our article published in the Contra Costa Lawyer magazine. Summer Employment – Quick Tips to Avoid Common Pitfalls DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon
Gender-Neutral Bathrooms Required In California Beginning March 2017
by Michele Ferber and Traci Holian On Thursday, September 29, 2016, California Governor, Jerry Brown, signed legislation requiring all single-occupancy bathrooms to be labeled as “all gender” in every business, place of public accommodation, and government agency in the State of California. Beginning in March 2017, each single-occupancy bathroom is required to be open
New for 2017: Revised Form I-9
by Michelle Ferber and Traci Holian All employers are required to provide both their employees and the Department of Homeland Security with the Employment Eligibility Verification Form I-9 (generally called the Form I-9). The Form I-9 is used to establish that the employee is eligible to work in the United States. A revised Form I-9
EEOC’s New Retaliation Guidance Provides Roadmap for Preventing Retaliation
by Shannon Walpole On August 25, 2016, the EEOC issued new Guidance on Retaliation and Related Issues (“Guidance”) to replace Section 8 of the EEOC’s Compliance Manual issued in 1998. The Guidance is helpful for employers in many ways. First, the Guidance reminds employers about why they should care about retaliation – noting that retaliation