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New 2019 California Employment Laws Creating Compliance Challenges

California employers seemingly need a scorecard each year to keep up with all of the employment law changes afoot, but this is especially true in 2019.

Did You Know California has a State Mandated Retirement Plan?

What is CalSavers?

California Court of Appeal Identifies Triggers for Reporting Time Pay Obligation

In a ruling that will have a significant impact on the retail and restaurant industries, among others in California, the California Court of Appeal ruled that a retail employer’s call-in scheduling policy—in which employees were required to call the employer in advance of a shift to find out if they needed to show up for work—triggered the reporting time pay obligation set forth in the California Industrial Welfare Commission’s (IWC) Wage Orders.

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing the plaintiff’s overtime claim, the court of appeal concluded that an in-home caregiver may be an employee when the caregiver’s placement agency has control over the caregiver’s wages.

What Does California's New Sexual Harassment Training Requirements Mean for Staffing Firms?

Last year, California enacted SB 1343,1 amending California’s Fair Employment and Housing Act (FEHA) to expand employers' sexual harassment training requirements. Previously, employers with 50 or more employees had to provide their supervisory personnel with two hours of sexual harassment prevention training every two years.

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring appearance at the workplace, suppose employees are merely required to call in advance to confirm whether they are needed for a scheduled shift: have employees “reported for work,” such that they are entitled to reporting time pay if the employer tells them they do not need to come in? The answer is yes, according to the California Court of Appeal, Second Appellate District. Ward v. Tilly’s Inc., 2019 Cal. App. LEXIS 95 (Cal. Ct. App. Feb. 4, 2019).

California Court Ushers In Sweeping Changes For Scheduling Policies

A California Court of Appeal just announced a sweeping change in California’s reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly’s, Inc.).

Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers

The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor vehicles (CMVs) subject to the FMCSA’s hours-of-service (HOS) regulations. This primarily involves interstate truck drivers and some intrastate drivers who meet certain criteria under the HOS regulations who drive CMVs. The Teamsters are seeking to reverse the Agency’s administrative determination.

Data Privacy Day – Special Report – California Consumer Privacy Act FAQs for Employers

Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team!

California Consumer Privacy Act: FAQs for Employers

Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information.