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: “(A) [t]he language restriction is justified by
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Yesterday, the California Court of Appeal found that an employer is not liable for injuries to third-parties that are caused by an employee driving their personal outside the scope of his/her employment, so long as there is no benefit to the employer. Employers
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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
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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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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
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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
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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
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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:
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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,
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