By Julie Ann Giammona Most of California’s Industrial Welfare Commission (IWC) wage orders require that employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” In 2016, for the first time, the California Supreme Court interpreted the IWC requirements to mean that employers must provide seats if any tasks at a
ALERT: SENATE BILL 331: SILENCED NO MORE
By Julie Ann Giammona Commencing January 1, 2019, California employers were prevented from including provisions in severance agreements that prohibited an employee from disclosing facts about workplace harassment and discrimination based on gender. Effective January 1, 2022, Senate Bill 331(SB 331), expands such prohibition to include the disclosure of facts related to claims of harassment or discrimination on the basis
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
DIY for Business Podcast: Protecting Your Company with Guest Jon Babione
The best attorneys keep you out of lawsuits and are there for you if someone does file a complaint. Our goal is to help business owners set up policies to avoid lawsuits given new labor laws that are popping up, especially now with safety regulations and distributed workforces. Listen to the DIY for Business Podcast: Protect Your Company episode where
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
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