Employment Law Information Network
All Things Labor and Employment Law
By: NLRB General Counsel Office Moves to Decidedly Pro-Labor Perspective
Last Wednesday, President Joe Biden needed a tie-breaking vote from Vice President Kamala Harris to confirm his nomination of Jennifer Abruzzo for General Counsel of the National Labor Relations Board. The Senate split the vote along party lines
Colorado’s and Virginia’s emulation of California by recently enacting comprehensive privacy laws is an important reminder to California employers that the clock is ticking to comply with California’s new privacy regulations. California employers should be aware that the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), which amended portions of the CCPA bringing it closer to the rules governing privacy rights in Europe, have significant implications about protection of employee data in addition to consumer data.
The first time it happened, founding partners at CDF Labor Law, originally from national law firms, were thrilled. Then it happened again and again. “We were just following our vision of a culture we knew could thrive,” says Tim Freudenberger, Co-Founding Partner. Today, CDF is a leading mid-sized law firm specializing in representing California employers in employment, labor and immigration matters and is rated among the top-ten firms for female and minority attorneys.
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour of pay at the employee’s “regular rate of pay,” as opposed to an hour of pay at the agreed upon base hourly or straight-time rate of pay. In doing so, the Court sought to maximize protections for employees by requiring employers to factor bonuses and other non-discretionary compensation into the break premium rate of pay. Otherwise, the Court claimed, employers would be incentivized to depress employees’ hourly wages in favor of non-hourly incentive compensation.
By: MASK ALERT to Employers In Los Angeles County – The Circus Continues
Los Angeles County Health Department announced that it will issue an order on July 16 requiring masks indoors regardless of a person’s vaccination status to be effective on July 17, 2021 at 11:59 p.m. This directive will
By: Los Angeles County Roller Coaster Mask Order Published
Late Friday afternoon, July 16, 2021, the LA County Health Department published its much-ballyhooed Order returning a mask requirement to most indoor settings. The order requires masks for all persons, regardless of vaccination status in “all indoor settings, venues, gatherings and
COVID-19 ushered in a new paradigm of remote working. Although some companies have already embraced a remote workforce or some semblance of one, this work model is new for many employers. Most employers are still grappling with a host of unique employer compliance obligations and concerns it brings to their business. CDF has created this complimentary webinar to address what employers with remote workers in California need to know to avoid potentially costly litigation in this area.
During this complimentary webinar, CDF Partner, Kent Sprinkle, and Senior Counsel, Erin Owen, will review up-to-the-minute issues, trends, and best practices related to managing a workforce under virtual conditions. Topics to be covered in the remote work context include:
-Timekeeping Practices
-Meal and Rest Break Practices
-Expense Reimbursement for Remote and Partial Remote Work
-Unauthorized Social Media Use During Work Hours and Activity Tracking Software
-OSHA/Workers Compensation Issues When Employees Work at Home
-Work Information Security and Privacy in the Remote Work Setting
-Remote Workers Residing Outside of California
-Accommodations and the Interactive Process
Register today to catch up on the latest remote working issues trending for California employers, and learn how to stay ahead of the never-ending compliance requirements.
1.0 hour of CA MCLE, HRCI, and SHRM credit pending.
President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility” as a means to increase mobility of employees seeking higher wages.
In May 2021, Santa Clara County implemented some unique requirements on employers in the County with respect to gathering information on the vaccination status of employees. On June 21, 2021, the Health Officer of the County of Santa Clara issued Santa Clara County’s June 21, 2021 Health Order phasing out its May 18, 2021 Health Order for all businesses and employers which have completed both an initial round of employee vaccination ascertainment and a subsequent round of employee vaccination verification 14 days after the initial ascertainment for all employees who were unvaccinated during the initial round pursuant to Section 9(c) of the May 18, 2021 Health Order.
By: CDF Secures Victory For Employers In PAGA Claim
Earlier this week CDF secured a hard fought victory for California employers when a California Court of Appeal found that the employer did not violate the law when it selected a method of calculating the regular rate of pay
In TransUnion LLC v. Ramirez, 594 U.S. (2021) the United States Supreme Court held that class members who suffered no actual injury could not recover damages because they lacked Article III standing. Although TransUnion involved a class of individuals who sued TransUnion in federal court under the Fair Credit Reporting Act, the case raises issues for employers to consider when defending employment law class actions in federal court.
By: California Employers Should Prepare for July 1 Minimum Wage Increases In Certain Cities and Counties
The current minimum wage is $14 per hour in California for all employers with 26 or more employees. For employers who have less than 26 employees, the state minimum wage is $13 per hour.
California
By: SCOTUS Decides Two Cases with Labor and Employment Law Implications
The United States Supreme Court recently issued two decisions related to California labor and employment law. In one decision, the Court held that a California regulation allowing labor organizers a right to access workplaces was a per se physical
By: Restitution Under the UCL Is Not Damages
California Plaintiffs frequently assert a duplicative claim under the Unfair Competition Law (“UCL”), California Business & Professions Code Section 17200 et seq. that relies on a violation of another law to establish liability, usually to make use of the UCL’s
By: Cal/OSHA Voted To Approve Revised ETS Standards Bringing More Comfort to The Workplace
Yesterday, the Cal/OSHA standards board approved the revised Emergency Temporary Standards, posted on Friday, June 11. While the ETS were approved without revision and will take effect Monday, June 21, Governor Newsom has indicated that he will
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