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
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
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.
EMPLOYERS HAVE CAUSE TO REJOICE: UNPAID WAGES ARE NOT RECOVERABLE UNDER PAGA
by Michelle R. Ferber and Julie Ann Giammona In a sweeping victory for employers, the California Supreme Court announced on September 12, 2019, in ZB, N.A. v. Superior Court (Lawson), that employees cannot recover unpaid wages in actions brought pursuant to the Private Attorney General Act (PAGA). PAGA allows employees to commence representative actions to recover civil penalties on behalf
CALIFORNIA LEGISLATURE PASSES ASSEMBLY BILL 5 CODIFYING THE DYNAMEX DECISION
by Michelle R. Ferber and Julie Ann Giammona Yesterday, the California Legislature passed AB 5, the controversial bill that codifies the notorious 2018 California Supreme Court Dynamex decision. Governor Newsom has already expressed his support for the Bill and is expected to sign AB 5 before the deadline of October 13. Dynamex overturned 30 years of established law by holding
NINTH CIRCUIT WITHDRAWS ITS PRIOR DECISION ON RETROACTIVE APPLICATION OF DYNAMEX CASE
by Michelle R. Ferber and Julie Ann Giammona On July 22, 2019, a three-judge panel for the Ninth Circuit reversed its May 2, 2019 Vazquez et al. v. Jan-Pro Franchising International decision concluding that the California Supreme Court’s Dynamex decision — which overturned 30 years of case law allowing employers to classify their workers as independent contractors utilizing a multi-factor
CALIFORNIA SUPREME COURT PROHIBITS EMPLOYEES FROM SUING PAYROLL COMPANIES FOR WAGE VIOLATIONS
by Michelle R. Ferber and Jennifer R. Lucas On February 7, 2019, the California Supreme Court decided the case of Goonewardene v. ADP, LLC, which considered the novel question of whether an employee could sue her employer’s payroll company for wage and hour and other statutory violations. Ultimately, the Supreme Court’s answer was that the payroll company was not liable