ALERT: Wage Theft Equals Grand Theft

On September 27, 2021, Assembly Bill No. 1003 (“AB 1003”) was signed into law. AB 1003 makes the intentional “theft of wages” from an employee a form of “grand theft”, punishable by Penal Code Section 487m. Importantly, AB 1003 defines employee to include independent contractors, and employer to include the hiring entity of the independent contractor, expanding the scope of

COVID-19 UPDATE: CALIFORNIA AND FEDERAL GOVERNMENT POLICY CHANGES

by Alexandra P. Saddik and Jonathan R. Babione As we head into the fall season, government policies regarding management of the pandemic have changed. Here are the updates that could impact businesses: FEDERAL Payroll Tax Holiday: On August 8, 2020, President Trump signed an executive order allowing businesses to defer payment of payroll tax obligations from September 1, 2020 through

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

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

DEPARTMENT OF LABOR ANNOUNCES NEW SALARY THRESHOLD FOR WHITE COLLAR EXEMPTIONS

by Michelle R. Ferber and Julie Ann Giammona Last week, the U.S. Department of Labor (DOL) issued its highly anticipated salary overtime exemption rule, replacing the controversial Obama administration rule. Effective January 1, 2020, the new minimum salary threshold for workers to qualify as exempt under the Fair Labor Standards (FLSA) “white collar” exemption is $35,308 per year. The prior

FEDERAL DEPARTMENT OF TRANSPORTATION DETERMINES CALIFORNIA TRUCKERS ARE EXEMPT FROM MEAL PERIOD AND REST BREAK REQUIREMENTS

by Michelle R. Ferber and Julie Ann Giammona On December 21, 2018, in a victory for the American Trucking Association (ATA), the Federal Motor Carrier Safety Administration (FMCSA), an Agency regulated by the Department of Transportation, granted the ATA petition to exempt commercial motor vehicle drivers covered by the FMCSA’s hours of service regulations from California meal period and rest

CALIFORNIA APPELLATE COURT LIMITS APPLICATION OF DYNAMEX TO WAGE ORDER VIOLATIONS ONLY

by Michelle R. Ferber and Julie Ann Giammona After months of uncertainty, finally, an Appellate Court has spoken with regard to the application of Dynamex to cases involving claims other than alleged wage order violations. In Garcia v. Border Transportation Group, the court concluded that the Dynamex ABC test, which determines independent contractor status, only applies to claims arising from

Employment Law Seminar – Preview of 2019 and Continuing Trends

  Ferber Law would like to invite you to our upcoming Employment Law Seminar.  We will provide a preview of 2019 and continuing trends in employment law.  The details are: DATE:  Tuesday, October 2, 2018 TIME:  9:00 a.m. to 9:30 a.m. Breakfast 9:30 a.m. to 11:30 a.m. Presentation/Questions PLACE:   Roundhouse Conference Center, Shasta Room 2600 Camino Ramon (in BR 2600) San

AN EPIC WIN FOR EMPLOYERS: UNITED STATES SUPREME COURT ENDORSES CLASS ACTION WAIVERS

by Julie Ann Giammona and Michelle R. Ferber Employers across the nation received a green light from the United States Supreme Court in Epic Systems Corp. v. Lewis (May 2018) to include class action waivers in arbitration agreements. The Court specifically concluded that arbitration agreements which provide for individualized arbitration preventing class actions do not violate the National Labor Relations