Both the City of San Diego and the California Department of Labor Standards Enforcement have updated their “Frequently Asked Questions” related to the respective local and state sick leave requirements. Click here to read the full article about these specific changes at our Disability, Leave & Health Management blog.

The California Court of Appeal has held that: (1) the use of payroll service provider generated unique employee file numbers on employee wage statements, in lieu of the employer’s internal employee identification number or last four digits of employee social security numbers, is legally permissible under California law; and (2) employers are not required to

On March 3, 2017, in an unpublished decision in Valdez v. Terminix International Company Limited Partnership, Case No.15-56236, the U.S. Court of Appeals for the Ninth Circuit reversed a District Court order denying defendant Terminix International Company Limited Partnership’s (Terminix) motion to compel arbitration of plaintiff Palcido Valdez’s (Valdez) claim for penalties for violation

On February 26, 2015, in Franco v. Arakelian Enterprises, Inc., Case No. B232583, the California Court of Appeal, Second Appellate District held that trial court proceedings on claims pursuant to the California Private Attorney General Act (“PAGA”) (Labor Code § 2698 et seq.) must be stayed pending individual arbitration of the underlying individual wage and hour claims (originally pled as classwide claims) pursuant to an arbitration agreement containing a classwide arbitration waiver.

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The San Diego City Council passed an Earned Sick Leave and Minimum Wage Ordinance (“Ordinance”) for the City of San Diego earlier this year. The Ordinance was planned to take effect in January 2015 and April 2015 for the minimum wage increase and earned sick leave requirements, respectively. For more information on the Ordinance, please click here.

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In special session on July 14, 2014, the San Diego City Council voted 6-3 in favor of enacting the San Diego Earned Sick Leave and Minimum Wage Ordinance. The ordinance seeks to raise the San Diego minimum wage over the next three years, and mandates that employers within San Diego provide a minimum amount of earned paid sick leave, beyond that required by recently enacted California state law AB 1522 [click here for information regarding the requirements of AB 1522].

Although San Diego Mayor Kevin Faulconer vetoed the ordinance August 8, 2014, the San Diego City Council overrode the veto on August 18.
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While reversing summary judgment in favor of a holding company, in Castaneda v. The Ensign Group B249119 (Cal. Ct. App. Sep. 15, 2014), the California Court of Appeal held that a “corporation with no employees [that] exercises some control over [a] corporation with employees, [] may be the employer of the employees of the corporation it owns.” In doing so, the Court found that there were triable issues of material fact whether the holding company that alleged it had no employees, The Ensign Group, Inc., was the plaintiff’s employer.
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