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Jul 1, 2024 | 
jdsupra.com | Esra A. Hudson
On June 18, Governor Gavin Newsom and legislative leaders announced an agreement with employers on reforms to the Private Attorneys General Act (PAGA), with corresponding legislation introduced on June 21. PAGA has been the subject of consistent challenges and has been criticized by business leaders and others for being excessively punitive, and a boon for plaintiffs’ lawyers, with minimal benefits to employees.
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Jul 1, 2024 | 
jdsupra.com | Esra A. Hudson
California’s Assembly Bill 5 (AB 5) doesn’t violate federal or state Equal Protection clauses, the en banc Ninth U.S. Circuit Court of Appeals has determined. The dispute dates back to 2019, when the state legislature enacted AB 5 and adopted the “ABC test” used by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of Los Angeles.
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Jun 28, 2024 | 
jdsupra.com | Esra A. Hudson
When is an employer’s violation of providing employees with wage statements knowing and intentional, triggering financial penalties? Taking its second look at the case, the California Supreme Court ruled that an employer’s objectively reasonable, good faith belief that it has provided employees with adequate wage statements precludes an award of penalties.
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Jun 28, 2024 | 
jdsupra.com | Esra A. Hudson
The FAA preempts California’s Code of Civil Procedure section 1281.97, which requires employers to pay arbitration fees within 30 days of the due date or return the case to court, a state appellate panel has ruled. As part of her employment with Sohnen Enterprises as a product handler, Massiel Hernandez signed an arbitration agreement, which stated that it was governed by the FAA.
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Jun 27, 2024 | 
mondaq.com | Esra A. Hudson
The FAA preempts California's Code of Civil Procedure
section 1281.97, which requires employers to pay arbitration fees
within 30 days of the due date or return the case to court, a state
appellate panel has ruled.
As part of her employment with Sohnen Enterprises as a product
handler, Massiel Hernandez signed an arbitration agreement, which
stated that it was governed by the FAA.
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Jun 27, 2024 | 
mondaq.com | Esra A. Hudson
Taking a page from countries across the Atlantic, the California
legislature is considering a bill that would give employees the
"right to disconnect."
Assembly Bill 2751 would provide employees with the right to
ignore employer communications during "nonworking hours,"
the hours before and after an employee's assigned hours of
work, whether stated in the job description or stated
otherwise.
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Jun 27, 2024 | 
mondaq.com | Esra A. Hudson
After the Equal Employment Opportunity Commission (EEOC) issued
Enforcement Guidance on Harassment in the Workplace – its
first in decades – it is facing state Attorney General
opposition.
The first Guidance on harassment in 25 years, the agency split
the document into three parts: covered bases and causation;
discrimination with respect to a term, condition or privilege of
employment; and employer liability for harassing conduct.
-
Jun 27, 2024 | 
mondaq.com | Esra A. Hudson
On June 18, Governor Gavin Newsom and legislative leaders
announced an agreement with employers on reforms to the Private
Attorneys General Act (PAGA), with corresponding legislation
introduced on June 21. PAGA has been the subject of consistent
challenges and has been criticized by business leaders and others
for being excessively punitive, and a boon for plaintiffs'
lawyers, with minimal benefits to employees.
-
Jun 27, 2024 | 
mondaq.com | Esra A. Hudson
California's Assembly Bill 5 (AB 5) doesn't violate
federal or state Equal Protection clauses, the en banc Ninth U.S.
Circuit Court of Appeals has determined.
The dispute dates back to 2019, when the state legislature
enacted AB 5 and adopted the "ABC test" used by the
California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of
Los Angeles.
-
Jun 27, 2024 | 
jdsupra.com | Esra A. Hudson
After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition. The first Guidance on harassment in 25 years, the agency split the document into three parts: covered bases and causation; discrimination with respect to a term, condition or privilege of employment; and employer liability for harassing conduct.
