On October 1, 2019, the federal Ninth Circuit Court of Appeals ruled in Salazar v. McDonalds Corp. that McDonald’s was not a “joint employer” of 1,400 employees who worked at various Bay Area McDonald’s restaurants owned and operated by the Haynes Family Limited Partnership (“Haynes”). As a result, only Haynes – and not McDonald’s Corp…. Read More
Posts Categorized In: General Business
EPLI Insurance May Cover Some Wage-and-Hour Claims
Employment practices liability insurance (“EPLI”) policies often contain explicit language that excludes from coverage or defense claims that are based on any federal or state wage-and-hour laws. Recently, the California Fourth Circuit Court of Appeal gave employers a glimmer of hope – and an incentive to push back if a carrier initially rejects either coverage… Read More
California Consumer Privacy Act Brings New Employer Obligations
On September 13, 2019, the California Senate and Assembly unanimously passed AB 25, amending the California Consumer Privacy Act (“CCPA”). Governor Newsom signed AB 25 into law on October 11, 2019. This amendment places serious obligations on certain employers to protect the private data of employees, and grants employees the right to statutory damages for… Read More
Attracting and Keeping Millennial Employees
The tech boom seems to have brought about a major shift in what employees and candidates expect from their (prospective) employers. According to a February 2019 CNBC article, this is especially true amongst millennials. On one hand, employers—particularly those within the tech realm—are offering an increasing number of “work perks,” while, on the other hand,… Read More
Governor Newsom Signs AB 5 and Codifies Dynamex’s “ABC Test” for Independent Contractors
On September 18, 2019, Governor Newsom signed AB 5 into law and, in the process, fundamentally changed the California economy by making it even harder for a business to qualify a worker as an independent contractor. The Dynamex Decision As readers of this blog know, in May 2018 the California Supreme Court, in its landmark… Read More
The Importance of an Inclusive Workplace
What? Inclusion is a pillar of a functional workplace. It manifests on many levels, from meetings to policies to seemingly insignificant day-to-day workplace banter. As the boss, it is ultimately your responsibility to create an inclusive space on all levels, for all demographics that comprise your team. A good first step is to clearly define… Read More
Governor Newsom Signs SB 778 — New Harassment Training Deadline
As we blogged about previously here, since January 1, 2019 California law has required employers with 5 or more employees to provide at least 2 hours of classroom or other interactive sexual harassment training to all supervisory employees and 1 hour of classroom or other interactive sexual harassment training to all non-supervisory employees in California…. Read More
California’s Unruh Civil Rights Act Applies to Virtual Stores
On August 12, 2019, in White v. Square, Inc.. the California Supreme Court answered a novel question — that is, can a plaintiff who has only visited a business’s website but has neither engaged the business’s services, bought any products, or visited the business’ bricks-and-mortar store sue for alleged violation of California’s Unruh Civil Rights… Read More
A New Approach to Employee Benefits?
Recruiting and retaining talent is a challenge for every employer, especially in the red-hot economy here in the Bay Area. That’s why many employers are taking a fresh look at their employee benefits and asking, “Are these benefits really adding value?” A recent article in Forbes explains how “forward thinking” employers are embracing a new theory of… Read More
Have You Completed Your Mandatory Sexual Harassment Training?
As we blogged about previously, a new law came into effect January 1, 2019 requiring California employers with five or more employees to provide sexual harassment and abusive conduct prevention training for all employees by January 1, 2020. Prior to this new law, only employers with 50 or more employees were required to provide at… Read More
