Two new California laws, AB 1221 and AB 82, require every server of alcohol and their managers to be trained in responsible alcohol service. The new laws took effect on July 1, 2022 and require all existing alcohol servers to complete their training by August 31, 2022. New hires must complete their training within 60… Read More
U.S. Supreme Court Delivers Bombshell PAGA Ruling in Favor of Employers
On June 15, 2022, in a blockbuster case known as Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court finally answered a burning employment law issue here in California – whether California’s rule prohibiting the use of arbitration agreements to force an employee to waive her right to bring a representative action under PAGA… Read More
CA Supreme Court: Meal/Rest Period “Premium Pay” Is Wages
On May 22, 2022, the California Supreme Court held in Naranjo v. Spectrum Security Services, Inc. that premium payments owed by an employer to a non-exempt employee for missed meal/rest periods are “wages” and not penalties. Thus, when those premium payments are owed but not timely paid, the employer can be subject to additional penalties… Read More
Employee Gets COVID at Work + Employee’s Family Members Then Get COVID = Family Members Can Sue You
Just when California employers thought things could not get any worse… In See’s Candies, Inc. v. Superior Court, the California Court of Appeal addressed the question of whether a family member of an employee who contracted COVID while at work can sue their family member’s employer for damages. The Court’s answer? A resounding “Yes.” The… Read More
Federal Court Reinstates Ban on Employment Arbitration Agreements in California – For Now
In 2019, AB 51 is Passed As readers of this blog know, in 2019 the California legislature passed AB 51, a new law that added Section 432.6 to the California Labor Code. This new statute made it illegal for an employer to require an applicant or employee, as a condition of employment, to sign an… Read More
California Superior Court Judge Declares Prop 22 Unconstitutional
In a stunning ruling late on Friday evening, California Superior Court Judge Frank Groesch ruled that Prop 22 – the most expensive ballot proposition in California history, which last year passed with 59% of the vote and allowed Uber and Lyft to classify their drivers as “independent contractors” rather than employees – was unconstitutional. According… Read More
Meal and Rest Period Violations Just Got More Expensive for Employers
Under existing California law, if an employee who is eligible for a meal period is denied that meal period or gets interrupted during that meal period, then that employee is entitled to one hour of premium pay at the employee’s then-existing “regular rate of pay.” The same is true for rest periods. If an employee… Read More
How the New “American Rescue Plan Act” Impacts Employers and Employees
Now that President Biden has signed the American Rescue Plan Act (“ARPA”) into law, we’ve had the chance to review the massive legislation. And we’ve discovered some little-known provisions in the law that directly impact employers and employees. Here’s a quick summary of those provisions: Incentives for Employers to Offer Paid Sick Leave As we… Read More
California Supreme Court Rules That Dynamex Applies Retroactively
California employers face even more liability now for misclassifying workers as “independent contractors.” That’s because the California Supreme Court recently ruled in Vasquez v. Jan-Pro Franchising, Inc. that the test for determining whether a worker qualifies as an employee or independent contractor – known as the “ABC Test” and announced in the Court’s 2018 decision… Read More
Can employers mandate the vaccine? Yes. Should they? That is a different question.
Employers have had to navigate the ever-changing regulations and laws regarding employment during the COVID-19 pandemic. From ensuring safe workplaces, to complying with reporting regulations, to dealing with leaves of absence, employers have had to stay on top of COVID-19 regulations while continuing to run their businesses. Now, employers are facing yet another challenge –… Read More
