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Please note: The material in these articles, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the posts. The articles should not be considered, nor are they intended to constitute, legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

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Chauvel News:  Employment

Uber Class Action Waiver Provisions

Over the past ten or so years, there has been a proliferation of class action law suits filed against numerous companies, including many trucking and bus companies, claiming wage and hour pay violations. These cases are devastating in that they allow the plaintiff attorneys to create a claim on behalf of a large class of a company’s workers creating huge wage claims.

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Two Recent Employment Law Updates

Employment Update:

Individuals Also Liable As Employer for Wage and Hour Claims -- Even PAGA.

In a recent case, the California Court of Appeal held that individuals who cause a violation of overtime or minimum wage laws can be held individually liable, regardless of the entity structure of the business.

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It’s Getting Cold Outside...for Employers.

As the leaves begin to fall and the weather turns colder, California employment law is becoming increasingly burdensome for employers as it relates to sexual harassment in the workplace. There is a chill in the air as it relates to some new bills just signed into law by Governor Jerry Brown.

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Setting a Standard in the Workplace

As a business idea develops from a concept to start-up, there are a progression of steps a founder can take to help their Company’s overall success and sustainability. For example, in the initial stages of growth, the owner should make sure the Company is a properly formed entity for added protection. Then, as employees are added, the owner should become educated on what it means to be a California Employer.

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Attention Employers: New Law Requires Hotel & Lodging Industry to Perform Worksite Evaluation

Cal/OSHA passes the Hotel Housekeeping Musculoskeletal Injury Prevention regulation that took effect on July 1, 2018. This new regulation requires affected employers to perform an initial worksite evaluation by October 1, 2018.

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Summer Heat Means Risk of Workplace Heat-Related Illness Increases – Know What You Must Do To Protect Your Employees

As the summer heat intensifies, so does your obligation to protect your employees from heat-related illnesses. If you have employees who work outdoors, you are required to provide them with recovery periods of 10 minutes at least once every four hours. A ‘recovery period’ is a cool down period provided to prevent heat-related illness.

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Rounding Employee Wages in California is OK – But should you do it?

Recently, a California Court of Appeal upheld an employer’s practice of rounding employee time entries to the nearest quarter hour. As you are aware from our news, employer wins in California are the exception not the rule. Here’s what happened:

In this appellate case, the employer had a company-wide system of rounding employee time entries to the nearest quarter hour. For example, if the employee clocked in between 6:53 and 7:07, he or she is paid as if he or she clocked in at 7:00. The appellate court found that this policy did not violate California labor laws because the result of the policy was neutral in application and did not result in a net underpayment of employee wages.

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Attention Employers: Language Restrictions at Work Are Now Presumed to Violate California Law

New employment policies went into effect on July 1, 2018, that “limit or prohibit the use of any language” in the workplace are presumed to be unlawful. This means that English-only policies are presumed to violate California law unless:

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An 'Epic' Win for Employers

On May 21, 2018, the United States Supreme Court decided Epic Sys. Corp. v. Lewis​, finding that employment arbitration agreements that contain class action waivers are enforceable. Prior to this case, best practices required an opt-out option for employees when contemplating waiver of rights to file a class or collective action.

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Employers Get Lucky: New Case Takes Away Injury Presumption From Employees Based On Inaccurate Wage Statement Claims.

On May 8, 2018, the California Court of Appeal published its decision in Maldonado v. Epsilon Plastics, Inc. In this decision, the court found that claims for inaccurate wage statements, based on other wage and hour violations, did not give rise to a presumption of injury. 

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