2016 Brings Major Changes to California ...

There are a myriad of new California employment laws on the books as of January 1, 2016. This is a friendly reminder to check and update your handbooks, posters, contracts, and handouts so you remain in compliance with state law. 1. Labor Commissioner’s Authority to Enforce Judgments for Wage Theft Expands With Enactment of the New California Fair Day’s Pay Act (SB 588) California’s Senate Bill (“SB”) 588, known as the California Fair Day’s Pay Act, adds teeth to the California Labor Commissioner’s ability to enforce judgments for wage theft. a. The...

Whose Cell Is It Anyway? Appellate Court...

According to the Pew Research Center, as of January 2014, ninety percent of American adults have a cell phone, while fifty-eight percent of American adults have a smartphone. It is undeniable that mobile technology is fully engrained into our everyday lives. Our mobile handsets no longer simply function as communication tools; rather they are precious multi- and cross-functional devices connecting us to the world and to the community. Slowly, everything is being funneled into our smartphones: personal and professional communications, word and data processing, amateur...

Alert — California Supreme Court R...

In a long-anticipated ruling, on June 23, 2014, the California Supreme Court held in Iskanian v. CLS Transportation Los Angeles, LLC., that mandatory class action waivers in pre-employment arbitration agreements are enforceable, following the United States Supreme Court’s landmark decision AT&T v. Concepcion, 131 S. Ct. 1740 (U.S. 2011). However, despite this victory for employers with arbitration programs, the Iskanian court also held that representative claims brought under California’s Private Attorneys General Act (PAGA) may not be waived in such agreements,...

Update: 2014 Employment Laws

2014 will bring new laws for California employers, including an increase in the minimum wage, refinements to existing protections for employees, an expansion in the scope of discrimination protections, and additional protections to immigrant laborers. AB 10 – Minimum Wage Increases: The state’s minimum wage will increase to $9 per hour on July 1, 2014, and $10 per hour on January 1, 2016.  Employers should plan for these increases, both for their hourly employees who are paid minimum wage, and for exempt administrative, executive and professional employees who...

An Ambiguous Employment Promise Can Stil...

California’s Sixth Appellate District recently examined the question of just how vague an employment promise can be to be enforceable as a contract and to serve as the basis for a claim of misrepresentation/concealment.  In Moncada v. West Coast Quartz (Cal.App.6th Dist., Nov. 2013), plaintiffs worked for West Coast Quartz Corporation (West Coast).  Defendants were the owners and sole shareholders of West Coast.  Defendants were preparing to sell West Coast, and wanted plaintiffs to continue to work for the company until the sale was complete.  To accomplish that...