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We have a new feature here at Carlson & Jayakumar for our clients or those with an interest in appellate decisions impacting employment or healthcare law. We’ve begun posting short videos on our Carlson & Jayakumar YouTube channel so you can catch up with all the new, relevant cases from California, the 9th Circuit, and…
Most of our updates focus on substantive changes to the law impacting employers and those in healthcare. This update is for you, too, but it looks at a new procedural change should you be in litigation. In the next few days, we anticipate seeing our first wave of “initial disclosures” now required in most new…
Plaintiff Yvonne Palacio (“Palacio”) sued her former employer, Jan & Gail’s Care Homes, Inc., alleging that Care Homes violated wage and hour laws by not informing its employees that they had a right to revoke their on-duty meal period agreements. Palacio sought class certification to include 102 current and former employees in the lawsuit. The…
On July 1, a new California law changed the Medical Board of California’s guidelines for posting physicians and surgeons’ disciplinary information to the public. Last August, Governor Jerry Brown signed Assembly Bill 1886, which requires the Board to post the most serious disciplinary information, including enforcement actions, disciplinary actions, civil judgments, arbitration awards, and certain…
On July 15, the United States Department of Labor (DOL) issued guidance aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act (FLSA) and stressing the statute’s expansive definition of employment. In the DOL’s first “administrator’s interpretation” of 2015, Wage and Hour…
On June 18, an Orange County jury ruled against internet marketing company eGumball for unlawfully firing and discriminating against their own HR Manager upon her return from maternity leave. The company will pay the plaintiff, Kimberly Perry, more than $538,000 in damages. In February 2013, Perry told her boss, John Bauer, that she was pregnant. …
In April, the United States Court of Appeals for the Ninth Circuit ruled that federal courts sitting in diversity will not uphold jury-trial waivers in contracts signed under California law, even where each party waived its rights “knowingly and voluntarily.” The court held that federal courts sitting in diversity must apply the underlying state law to…
Beginning July 1, state law will require all California employers to annually provide at least 3 days of paid sick leave to their employees. The Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) applies to all California employees (including part-time) who work at least 30 days a year, regardless of the employer’s size. In…
Non-profit health insurer Blue Shield of California has come under public scrutiny for its huge cash reserves, history of large rate increases, and lack of disclosure to the taxpayers. The California Franchise Tax Board punished Blue Shield by stripping the insurer of its tax-exempt status at the end of 2014. Today, Blue Shield remains controversial. …
Generally, employers in California are free to define their workdays and workweeks as they see fit, with at least one major caveat: they may not structure the workday or workweek in a way that systematically prevents employees from earning overtime pay. A recent case, Jakosalem v. Air Serv Corp., highlights the risks inherent in this…
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