In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved employee” for purposes of standing to bring a claim for civil penalties under the Private Attorneys General Act (“PAGA”).
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
Brief Reprieve for Truck Drivers from Assembly Bill 5
The California Trucking Association (“Association”) challenges Assembly Bill 5 (“AB 5”) by arguing the Federal Aviation Administration Authorization Act (“FAAAA”) of 1994 preempts state laws “relating to a price, route or service of any motor carrier”. After the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court (“Dynamex”) in 2018, Governor Newsom signed into law, California State Assembly Bill 5, which clarified the Dynamex independent contractor test and codified the test into law.
Guidance on New York’s Ban on Salary Inquiries Issued
New York state has issued guidance on its new law barring employers’ direct and indirect inquiries about an employee’s salary history that became effective on January 6, 2020. For New York City employers, the law must be read in conjunction with similar legislation already in effect.
Will Your Fiscal Intermediary Be Chosen to Participate in New York’s CDPAP?
Executive Summary. The New York State Department of Health (DOH) recently issued a Request for Offers (RFO) from eligible entities who want to continue or first commence participating as Fiscal Intermediaries (FIs) under the New York Consumer Directed Personal Assistance Program (CDPAP). Because offers are due no later than February 18, 2020, the required format for offers is highly detailed and technical, and the RFO states that it is the DOH’s intent “to award the fewest number of contracts that preserve statewide access and consumer choice,” you will have to distinguish yourself from others in order to be selected. If you would like our assistance, based on our 25 years’ experience in educating, training and representing FIs, please give us a call.
The Case that Sparked the CCPA Gets an FTC Final Order
Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of tens of millions social media users, by way of using their data from a company developed app, GSRapp, for voter profiling purposes without the users’ knowledge or consent. In addition, the FTC found that Cambridge Analytica engaged in deceptive practices connected to their EU-US Privacy Shield (“Privacy Shield”) framework participation.
Cal/OSHA Shows Concern After Increase in Work-Related Fatalities
On December 18, 2019, Cal/OSHA issued a news release outlining California’s fatal workplace injury data for 2018. Each year California, in conjunction with the U.S. Bureau of Labor Statistics, conducts a Census of Fatal Occupational Injuries (“CFOI”). Cal/OSHA uses the data from the CFOI to help inform its enforcement and education priorities.
Non-Compete Commences From Termination, Not Judgement, Louisiana Appellate Court Holds
An employee’s termination date – that is, the date the employee quits or is fired – may be critical to determining when his non-competition obligations expire. Under Louisiana law, a non-competition agreement “not to exceed a period of two years from termination of employment.” La. R.S. 23:921(C).
Tipping in New Jersey: Proposed Regulations to Affect All Employers Utilizing Tip Credits
The New Jersey Department of Labor (NJDOL) has proposed regulations revising the current definition of “wages” to expressly exclude “any gratuities received” by a tipped employee from the employer’s obligations under the state’s hourly minimum wage requirement.
How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?
In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers constituted the majority in the Commonwealth. What will this mean for Virginia employers during the coming year?
Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law, AB 5, with respect to app-based transportation providers and delivery drivers. Under California state law, the initiative’s sponsors may now begin collecting signatures to put the matter on the November 2020 ballot.
2020: The Year Ahead for Employers and The California Year-End Summary
Welcome and thank you for your interest in the 2020: The Year Ahead for Employers and the California Year-End Summary.
Federal Court Taps Brakes on New York’s Sweeping New Farmworker Labor Law
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020. Two days earlier, two agricultural business associations filed a challenge to the law in federal court requesting a temporary restraining order (TRO).
New York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement
Concluding that it too broadly defined “employer” and raised a myriad of due process concerns that subjected it to risks of unconstitutionality, on December 31, 2019, Governor Andrew Cuomo Governor Cuomo vetoed a bill that would have allowed a current or former employee (or the New York State Department of Labor), alleging “wage theft” by an employer, to place a lien on the employer’s interest in real or personal property for the value of the wage claim plus liquidated damages.
New York State to Eliminate Tip Credit for All But Hospitality Industry Workers
In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage and take a “credit” for tips received by such employees to satisfy the state minimum wage requirements, according to an Order issued on December 31, 2019, by the Commissioner of the New York State Department of Labor (NYSDOL).
Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred
Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause of action is the exclusive remedy for violation of that statute.” Ferguson v. Exide Technologies, Inc., et al, Case No. 18-1600 (Iowa Dec. 13, 2019). Therefore, a plaintiff who brings a claim for a violation of the Iowa drug testing statute cannot also bring a wrongful discharge claim based on the same conduct.