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
Read More
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.
Read More
This week the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court, which makes it more difficult for companies to classify workers as independent contractors. Under the Dynamex ruling, the Court adopted the “ABC” test in which a worker is
Read More
Last month, the California Supreme Court published Alvarado v. Dart Container Corp. of California, a decision that provides additional insight into overtime calculations for employees that receive bonuses. In true California fashion, the court favored employees by requiring employers to include bonuses as
Read More
On March 23, 2018, the First Appellate Court of the State of California published Serrano v. Aerotek, Inc., a decision that found an employer was not liable for meal and rest break violations where their employee handbook laid out clear lawful policies, the employee acknowledged receipt
Read More
In its decision late last week in Lawson v. Grubhub, Inc., the U.S. District Court for the Northern District of California found that Grubhub’s classification of its drivers as independent contractors is completely valid. Under the Borello test, the court stated that Grubhub’s drivers were properly classified because:
Read More
As you already know, California is working towards a $15.00 minimum wage by the year 2023. Each year the minimum wage requirements increase. Beginning January 1, 2018, the minimum wage increased to $10.50 per hour for companies with 25 employees or less,
Read More
If you have watched even a snippet of the news in the last few weeks, there is a new revolution upon us– #metoo. People have found their voice and are standing up for themselves. It’s staggering. First it was Harvey Weinstein. Then Kevin
Read More
As of January 1, 2018, employers in California are no longer allowed to rely on the salary history or inquire into the salary history of an applicant as a factor in determining employment. The new law states: “an employer shall not, orally or in writing, personally
Read More
A properly drafted Owner Operator Agreement can literally save your business. In Performance Team Freight Systems, Inc. v. Aleman, the California Court of Appeal enforced an arbitration clause included in an Owner Operator Independent Contractor Agreement required by a trucking company that served the ports
Read More