Employment Law
Historically, many employers have not paid employees who work in the field for time spent or expenses incurred traveling from their home to the first customer of the day and back home from the last customer of the day. This could change after a recent decision holding that California employers may be responsible for wage…
In response to the economic impact of COVID-19, President Donald J. Trump signed the Families First Coronavirus Response Act (H.R. 6201) (“FFCRA”) into law on March 18, 2020. The new law has several important implications for California employers including amending the Family and Medical Leave Act and providing additional paid sick leave for employees. Both…
Last October, California Governor Gavin Newsom signed Assembly Bill 51 into law, adding Labor Code section 432.6 into the Labor Code. This new section prohibits employers from requiring, as a condition of employment, that an applicant or employee agree to arbitrate claims brought specifically under California’s Labor Code or Fair Employment and Housing Act (“FEHA”).…
San Diego Physician magazine, a publication of the San Diego County Medical Society, recently published an article authored by Founding Partner Jehan N. Jayakumar on steps medical practices can take to mitigate the risk of a sexual harassment lawsuit. The article discusses Business and Professions Code Section 726 and Business and Professions Code Section 729,…
California medical groups face increased risks when classifying physicians as independent contractors. The California Supreme Court’s Dynamex Operations West v. Superior Court decision created a new legal test for determining whether licensed providers should be paid as independent contractors or employees. Many medical groups fail to consult with their legal counsel to ensure that they…
California employers often require employees to execute non-solicitation agreements with the goal of preventing former employees from poaching their employees. In a recent decision, the Fourth District Court of Appeals of California called into question the validity of such non-solicitation agreements. At the heart of the case is Business and Professions Code section 16600, which…
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…
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