Blog

Victory for Employers at the U.S. Supreme Court Regarding Class Arbitration

Shannon Claire   May 7, 2019

In a five-to-four decision, the U.S. Supreme Court just issued an important ruling on arbitration in favor of employers. On April 24, 2019, in the case of Lamps Plus, Inc, v. Varela,the Court held that under the Federal Arbitration Act, class arbitration can only be compelled if it is specifically agreed to in the arbitration agreement itself. In the Lamps Plus case, the employer suffered a data breach as a […]

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Favorable DOL Opinion Letter

Steve Holden   April 29, 2019

Earlier today the U.S. Department of Labor (DOL) issued an opinion letter stating that service providers working through a virtual marketplace are independent contractors and not employees of the company running the virtual marketplace. The opinion letter is good news for companies operating in this newer economic model. As most employers know, the “employee” label carries significantly increased costs and burdens versus the “independent contractor” label. The opinion letter was […]

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Take Care with “On-Call” Shifts of Any Kind

Steve Holden   April 8, 2019

If you have not heard; employers are getting sued left and right for technical wage and hour violations and the liability is HUGE! One area for such liability is anything labeled or looking like an “on-call” shift. The liability can come from the failure to properly compensate for the shift and from failing to properly pay reporting time pay related to the shift. Several months ago the California Court of […]

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Time Rounding Policies Are Dangerous

Steve Holden   March 8, 2019

A recent California appellate decision and reports about it might give employers the wrong idea. In Donohue v. AMN Services, LLC. 29 Cal.App.5th 1068 (2018) the court ruled that the employer’s policy of rounding employees’ actual clock time was not a violation of law. The plaintiff in Donohue claimed, among other things, that the employer’s policy of rounding the actual clock time resulted in meal period violations. The plaintiff claimed that […]

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Little Mistakes Can Cost Employers Big Money when it comes to Pay Stubs

Shannon Claire   February 23, 2019

In California, employers are required to provide employees with a wage statement (pay stub) every pay period. The Labor Code has a rather persnickety laundry list of requirements for what must be included on a pay stub, codified at Labor Code section 226(a). Each pay stub is required to contain the following information: gross wages earned; total hours worked by the employee; the number of piece-rate units earned and any […]

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Love Is In The Air (and in the courtroom)

Adrian Hoppes   February 13, 2019

With Valentine’s Day just around the corner, we thought we would cover some do’s and don’ts for relationships in the workplace. First and foremost, dating between a supervisor and a subordinate should be avoided at all costs. California has strict liability standards for companies when it comes to supervisor behaviors in the workplace. Allowing dating between these two distinct employment groups is a recipe for litigation. Not only could the […]

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Forms and Rules for the Separation Process

Fara Elizalde   February 7, 2019

Terminations can be one of the hardest parts of an employer’s job.  Sometimes good employees resign and sometimes we need to let someone go. No matter what the circumstances are, certain documents must be given to the departing employees. There are also rules around the timing and ways to give employees the final check. A “Notice of Change in Relationship” is required at separation. This is a document that includes […]

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Do They Get Unemployment?

Steve Holden   January 25, 2019

A client asked recently “What are the consequences of telling an employee who resigns and gives notice that you don’t need the notice and the employee can leave immediately?” Interesting question and the answer can be found in the California Unemployment Insurance Regulations (22 Cal. Code Regs. § 1256-1).  Well, at least part of the answer. The regulations specify that an employee’s entitlement to benefits is determined first and foremost […]

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