Legal Alert, Labor and Employment Law
Feb 25 | Legal Alert, Labor and Employment Law
The California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable presumption of meal period violations, including at the summary judgment stage. Donohue v. AMN Services, LLC, No. S253677 (February 25, 2021).
Case Summary, Labor and Employment Law
Feb 09 | Case Summary, Labor and Employment Law
Legal Alert, Labor and Employment Law
Feb 03 | Legal Alert, Labor and Employment Law
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
Legal Alert, Business Litigation
Jan 25 | Legal Alert, Business Litigation
Recently we have seen a slew of class action filings under the California Invasion of Privacy Act (CIPA). CIPA is an older privacy law, associated with eavesdropping and wire fraud, not to be confused with the California Consumer Privacy Act that became effective in 2020.
Legal Alert, Labor and Employment Law
Jan 18 | Legal Alert, Labor and Employment Law
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Legal Alert, Labor and Employment Law
Jan 15 | Legal Alert, Labor and Employment Law
The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB rules”), as applied to drivers of property-carrying commercial motor vehicles who are subject to the FMCSA’s own rest break regulations.
Legal Alert, Labor and Employment Law
Jan 14 | Legal Alert, Labor and Employment Law
Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the three-part test announced in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) applies retroactively.
Case Summary, Labor and Employment Law
Jan 08 | Case Summary, Labor and Employment Law
This month's key California employment law cases involve reasonable accommodation, interstate employment relationships, and PAGA notice requirements.
Legal Alert, Business Litigation
Jan 06 | Legal Alert, Business Litigation
The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the severance of unenforceable terms.
