On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an employee under the applicable
Hazel U. Poei
Contact:Read more about Hazel U. Poei
Paid Sick Leave Laws May Vary By City
By Hazel U. Poei & Jackson Lewis P.C. on
Posted in Disability and Leave, Paid Sick Leave
By now, most employers should be aware of the California Healthy Workplaces, Healthy Family Act which went into effect in 2015. Under California law, all employers (with very few exceptions), must allow employees to use up to 3 days or 24 hours of paid sick leave in a 12-month period. However, what many employers do…
Closing the Unequal Pay Gap: California Releases Guidance to Employers on Complying with the California Fair Pay Act
By Hazel U. Poei & Jackson Lewis P.C. on
Since passing the California Fair Pay Act (“CFPA”) on October 6, 2015, California has remained a trailblazer in its efforts to address and decrease gender pay inequity. The CFPA requires all employers pay employees performing “substantially similar work” the same wage regardless of gender, ethnicity or race. The CFPA also requires employers to provide the…
The Changing Landscape of Sexual Harassment Claims and Mandatory Arbitration Agreements
By Hazel U. Poei & Jackson Lewis P.C. on
Posted in Arbitration Agreements, Harassment
The year 2018 has seen significant shifts in the landscape of gender equality and sexual harassment. Complaints of sexual harassment in California nearly doubled in the first three months of 2018. From January through March 2018, the California Department of Fair Employment and Housing received 939 complaints of sexual harassment. This reflects an increase of…
New California Law Creates Narrow Rest Break Exemption at Petroleum Facilities
By Paul J. Cohen & Hazel U. Poei on
On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the requirement that employees be relieved of all duties during rest periods. The bill went into effect immediately and will remain in effect until…
Evaluating and Challenging Standing in Fair Credit Reporting Act Actions
By Hazel U. Poei & Jackson Lewis P.C. on
Posted in Hiring and Background Checks
The Ninth Circuit’s recent ruling in Dutta v. State Farm Mutual Automobile Insurance Company highlights the importance of evaluating and potentially challenging a plaintiff’s standing in a Fair Credit Reporting Act (“FCRA”) action.
Dutta alleged that, in violation of § 1681b of the FCRA, State Farm failed to provide him with notice of his FCRA…
Court Holds that Attorney is Not Bound by Confidentiality Provision
By Ellen E. Cohen & Hazel U. Poei on
Posted in Privacy, Social Media and Technology
On August 13, 2018, the California Fourth District of Appeal held in Monster Energy Company v. Schechter that an attorney who signed his client’s settlement agreement under the phrase “approved as to form and content” was entitled to the granting of an anti-SLAPP motion in a case against him for breaching the confidentiality provision of…
No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision
By Hazel U. Poei & Jackson Lewis P.C. on
Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides:
- No deduction is allowed for any settlement or payment related to sexual harassment or sexual abuse if the settlement or payment is subject to a nondisclosure agreement.
- No deduction is permissible for attorneys’ fees related
…
Class Action Waivers Remain Inapplicable to PAGA Claims
By Zoe Yuzna & Hazel U. Poei on
The U.S. Supreme Court’s recent ruling that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) does not extend to claims under the California Private Attorneys General Act (PAGA). Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National …
Does The De Minimis Defense Apply To California Labor Code Claims?
By Hazel U. Poei & Jackson Lewis P.C. on
Posted in Labor Code, Wage and Hour
The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that are currently treated as insignificant and not compensable.
The de minimis doctrine, an established defense under the Fair Labor Standards Act (“FLSA”), permits…