by Julie Ann Giammona, Alexandra P. Saddik and Jonathan R. Babione Yesterday afternoon (March 24, 2020), the U.S. Department of Labor (DOL) issued its highly anticipated guidelines for the Families First Coronavirus Response Act (FFCRA). Most significantly, the guidelines mandate compliance with the Act commencing on April 1, not April 2, as was originally understood. The FFCRA states the leave
NINTH CIRCUIT HOLDS PRIOR RATE OF PAY IS NOT A FACTOR OTHER THAN SEX FOR EQUAL PAY ACT PURPOSES
by Alexandra Saddik and Jon Babione Under the federal Equal Pay Act, an employer is expected to provide “equal pay for equal work.” Four affirmative defenses to the Equal Pay Act are (1) seniority, (2) merit, (3) earnings based on “quantity or quality of production,” or (4) “a differential based on any other factor other than sex.” The Ninth Circuit
WHAT THE “FAMILIES FIRST CORONAVIRUS RESPONSE ACT” MEANS FOR YOU
by Michelle Ferber, Julie Ann Giammona and Jennifer Lucas On Wednesday, March 18, 2020, the President signed the Families First Coronavirus Response Act (“Act”) which becomes effective April 2, 2020. The Act expands certain provisions of the Family and Medical Leave Act (“FMLA”) and creates the Emergency Paid Sick Leave Act (“EPSLA”) in an attempt to provide relief to employees
Navigating the Pandemic: Guidance and Best Practices for Employers and Summary of New Legislation Regarding Sick Leave
by Michelle R. Ferber, Jennifer R. Lucas and Julie Ann Giammona The COVID-19 pandemic has resulted in significant unpredictability and rapidly-shifting recommendations and guidelines. Employers are facing unique and difficult challenges. We are here to help you navigate these complex issues. The following information is based upon the most recently available information (3/16/2020) but situations are rapidly evolving. We will
CALIFORNIA SUPREME COURT CONCLUDES THAT MANDATORY BAG SEARCHES ARE COMPENSABLE TIME
by Michelle R. Ferber and Alexandra P. Saddik California employers are governed by industry and occupational specific wage orders issued by the Industrial Welfare Commission. These orders govern wage and hour requirements for all employees working in California and are liberally construed in favor of the employee. The California Supreme Court’s recent decision in Frlekin v. Apple is no exception. There,
IMPLICATIONS OF THE CCPA FOR BUSINESSES
by Alexandra Saddik and Jonathan Babione Over the past several years, businesses have faced increased scrutiny with regard to how they protect personal information collected from individuals. California’s legislative response to this issue was to overhaul its existing network of privacy laws by passing the California Consumer Privacy Act (CCPA). This new privacy framework became effective January 1, 2020 and
CALIFORNIA TRUCKING ASSOCIATION WINS PRELIMINARY INJUNCTION IN AB-5 LAWSUIT
by Alexandra P. Saddik and Jonathan R. Babione On January 16, 2020, the United States District Court for the Southern District of California granted the California Trucking Association (CTA) a preliminary injunction enjoining the state from enforcing AB-5 to motor carriers operating in California. AB-5 codifies the ABC test in the California Supreme Court’s Dynamex decision. Under this law, with
DOES CALIFORNIA LAW REQUIRE TRUCKING COMPANIES TO PAY DRIVERS FOR OFF-THE-CLOCK LAYOVER TIME?
by Jennifer R. Lucas and Jonathan R. Babione As we saw a few days ago (1/6/2020) when the 9th Circuit handed down its opinion in Ridgeway v. Walmart Inc., under certain circumstances, California law may require trucking companies to pay drivers for off-the-clock layover time. The critical question is whether the employer exercises control over the drivers during those breaks.
MGA Ruling Guides On Time Limits For Trade Secret Claims
by Stephen Moses On Oct. 29, the California Court of Appeal’s Second Appellate District, Division Eight, issued an opinion in MGA Entertainment Inc. v. Mattel Inc., upholding the trial court’s dismissal of MGA’s trade secret misappropriation claims against Mattel over the irreverent Bratz dolls made by MGA.[1] MGA appealed the judgment of Superior Court Judge Carolyn B. Kuhl, who granted
Mandatory Arbitration Agreements Declared Illegal for Claims Arising Under the California Fair Employment and Housing Act and the Labor Code
by Michelle R. Ferber and Julie Ann Giammona Beginning January 1, 2020, California employers will be prohibited from requiring an employee or a job applicant to execute a mandatory arbitration agreement that waives a worker’s right to file a civil action in court for alleged violations of the California Fair Employment and Housing Act (“FEHA”), and/or the Labor Code. FEHA