In the latest chapter in a decade-long saga to determine if interstate drivers are subject to California’s meal and rest break rules, the Ninth Circuit affirmed that drivers of passenger-carrying commercial motor vehicles are not subject to the state’s break regulations. In People of the State of California ex rel. Xavier Becerra v. Federal Motor
California Tightens Rules on Vehicle Tracking, Fleet Management
Over the past several years, there has been a significant increase in the use of dashcam technology. The technology available in the market is quite advanced. As we observed here, these devices can be equipped with geolocation, AI, facial recognition, and other technologies. Designed primarily to enhance driver safety and fleet management, privacy concerns
California Poised to Expand Pay Transparency, Reporting Obligations
A bill to increase pay transparency in California steps closer to becoming law.
Senate Bill 1162, introduced in February and with some amendments since its initial form, passed the Assembly Appropriations Committee on August 11. Only a few steps are left before it could become law this legislative session: (1) a full Assembly
Are Your Minimum Wage Rates Summer Ready?
On January 1, 2021, California’s statewide minimum wage increased to $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees.
Now that we are almost halfway into the year, all things need to get ready for summer, including minimum wage rates. Many localities have
No Initials, No Problem: California Court of Appeal Holds Failure to Initial Not Enough to Prevent Arbitration
“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez v. BaronHR, Inc.,Cal. App. LEXIS 631 (2020).
The employee in Martinez was given several employment-related documents, including
Update on Arbitration Agreements in California: U.S. Supreme Court Denies Certiorari in OTO, LLC v. Kho
On June 8, 2020, the U.S. Supreme Court denied the employer’s petition for certiorari in OTO, LLC v. Kho.
As background, in 2019, the California Supreme Court ruled in OTO that the arbitration agreement at issue was not enforceable because the agreement was both procedurally and substantively unconscionable. The procedural unconscionability finding generally focused
California Supreme Court Hears Oral Argument on Whether a Settling Employee is an “Aggrieved Employee” for Purposes of Proceeding with a Claim under the Private Attorneys General Act
In Kim v. Reins International California, Inc. 18 Cal.App.5th 1052 (2017), the California Court of Appeal for the Second Appellate District held an employee-plaintiff that settled and dismissed his individual claims was no longer an “aggrieved employee” for purposes of standing to bring a claim for civil penalties under the Private Attorneys General Act
Federal District Judge Puts On Hold Parts of AB 450 Which Prohibited Employers From Voluntarily Consenting To A Federal Immigration Agent’s Request To Enter Nonpublic Areas or For Voluntarily Providing Records
On July 4, 2018, Federal District Judge John A. Mendez granted a preliminarily injunction enjoining the State of California, Governor Brown, and Attorney General Becerra from enforcing parts of AB 450, the controversial new law that limited employer conduct when dealing with federal immigration enforcement. Specifically, the Judge stopped the enforcement of the California
A PAGA Case Cannot Stand Without Standing: Court of Appeal Affirms Trial Court’s Dismissal of PAGA Action After the Plaintiff Settles His Individual Labor Code Claims in Arbitration
In Kim v. Reins International California, Inc. (B278642, Cal. Ct. App., December 29, 2017), the Court of Appeal for the Second Appellate District addressed for the first time the question of whether an employee-plaintiff, who had settled and dismissed his individual claims under the Labor Code against his employer, was able to maintain a
New California Disability and Leave Laws – Are You Ready for 2018?
With the turn of the year comes a wave of new California disability and leave laws. Employers should review their existing policies and procedures to determine if they will be in compliance with these new laws—many of which will go into effect on January 1: To read more please visit this article at our Disability