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Alexandra DeFelice served as co-moderator of “Ensuring Success” a two-day seminar consisting of 16 panel discussions aimed at helping partners and other firm leaders navigate hot topics in professional service...
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UPDATED DECEMBER 1, 2020 On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19...
November 10, 2020
Commission-Only Compensation Plan Fails California’s Salary Basis Test
Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily...
Garcia-Brower v. Premier Automotive Imports of CA, LLC, No. A156985, 2020 WL 6074454 (Cal. Ct. App. Oct. 15, 2020) Summary: Employers have a duty to investigate the accuracy of any criminal conviction report prior to...
November 4, 2020
Proposition 24 and the California Privacy Rights Act of 2020 (CPRA) Modify and Expand the CCPA
Before we could know the efficacy of the California Consumer Privacy Act of 2018 (CCPA), which became effective January 1, 2020, California residents passed Proposition 24, the California Privacy Rights Act of 2020 (CPRA),...
October 27, 2020
Changing Your Terms and Conditions? If So, Your Company Must Provide Express Notice to Consumers
The Ninth Circuit recently reminded companies that they must provide notice to consumers when they change their terms and conditions, even where original terms state that they are subject to change at-will and at any time...
Sanchez v. Martinez, No. C083268, 2020 WL 5494239 (Cal. Ct. App. Sept. 11, 2020) Summary: Piece-rate employees who are provided with unpaid rest breaks are entitled to damages in the amount of the minimum wage for actual...
September 21, 2020
Three New California Bills Greatly Expand Employers’ Obligations Regarding COVID-19 and Employee Leave
On September 17, 2020 Governor Gavin Newsom signed three bills (SB 1159, AB 685, and SB 1383) expanding workers’ protections in relation to COVID-19 exposure in the workplace, and expanding the California Family Rights Act....
Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An employee does...
September 15, 2020
Ninth Circuit Rejects Excess Insurer’s Attempt to Dispute Exhaustion of Underlying Insurance
This week, in AXIS Reinsurance Co. v. Northrop Grumman Corp., ____ F.3d ____, 2020 WL 5509743 (9th Cir. Sept. 14, 2020), the Ninth Circuit addressed an important question of first impression: When can an excess insurer...
September 10, 2020
Governor Signs Into Law Immediate Changes to Paid Sick Leave Requirements and AB5 Exemptions
The majority of the employment-related bills that Governor Newsom will sign this year will not take effect until January 2021 or later. But Governor Newsom signed two significant, employment-related “trailer bills” this...
On August 31, 2020, California’s legislative session closed with a flurry of bills—the majority driven by COVID-19. These bills have been sent to the governor, who now has until the end of September to sign them into law...