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News & Insights

March 11, 2014

California Enacts New Law Prohibiting Willful Misclassification of Independent Contractors

News/Alerts
Governor Brown signed legislation that prohibits the willful misclassification of individuals as independent contractors. The new law creates civil penalties of between $5,000 and $25,000 for each willful misclassification of...
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March 11, 2014

California Enacts New Law Restricting Use of Credit Checks for Employment Purposes

News/Alerts
Governor Brown has signed legislation that restricts California employers from using consumer credit information for employment purposes. The law goes into effect on January 1, 2012. Summary of the Law Effective January 1,...
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March 11, 2014

California Supreme Court Issues Long-Awaited Decision Regarding Administrative Exemption

News/Alerts
In Harris v. Superior Court, a class of insurance claims adjusters sued their employer, Liberty Mutual Insurance Company (“Liberty Mutual”), for violating Wage Order 4-2001 by misclassifying them as exempt under the...
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March 11, 2014

Employers Breathe Sigh of Relief: California Supreme Court Issues Much-Anticipated Brinker Restaurant Decision

News/Alerts
Today the California Supreme Court decided Brinker Restaurant, the long-awaited case which has important implications for the workplace about whether California law (1) requires employers to “ensure” that employees take...
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March 11, 2014

California Supreme Court Puts Damper on Meal and Rest Break Lawsuits

News/Alerts
The California Supreme Court held that aggrieved employees are not entitled to recover their attorney’s fees in lawsuits to obtain pay for missed meal and rest breaks. The Court also banned employers from recovering...
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March 11, 2014

California Court of Appeal Upholds the Use of Class Action Waivers in Employment Arbitration Agreements

News/Alerts
Summary of Decision In Iskanian v. CLS Transp. Los Angeles, LLC, 2012 WL 1979266 (Cal. Ct. App. June 5, 2012), the California Court of Appeal upheld the use of class action waivers in employment arbitration agreements. Such...
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March 11, 2014

California Supreme Court Rejects Insurance Industry’s Attempt to Constrict Coverage for Long-Tail Losses

News/Alerts
On August 9, 2012, the California Supreme Court issued its decision in State of Calif. v. Continental Ins. Co., et al., a closely-watched insurance coverage dispute in which several major liability insurers, supported by...
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March 11, 2014

Five Months Post-Brinker: Courts’ Application of the Seminal Decision

News/Alerts
On April 12, 2012, the California Supreme Court in Brinker Restaurant Corp. v. Superior Court issued a critical decision regarding break and off-the-clock claims and the standards governing an employer’s obligation to...
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March 11, 2014

Federal District Court Issues First Decision Allowing Whistleblower Allegations to Proceed Under Dodd-Frank Act

News/Alerts
On September 25, 2012, United States District Court Judge Stefan R. Underhill, District of Connecticut, issued the first decision allowing a plaintiff’s whistleblower allegations against his employer under the Dodd-Frank...
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March 11, 2014

Arbitration and Class Action Waivers After Concepcion and D.R. Horton: Courts and the NLRB Reach Divergent Conclusions

News/Alerts
Since the U.S. Supreme Court came down with its landmark decision in AT&T Mobility v. Concepcion in April 2011, the legality of individual arbitration agreements has been a hot topic in the employment realm. In...
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March 11, 2014

Beginning on January 1, 2013, Commission Agreements for California Employees Must Be In Writing and Signed

News/Alerts
The New Requirements Effective January 1, 2013, employers paying sales commission to California employees must enter into written employment agreements with the employees. Labor Code section 2751 previously required...
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March 11, 2014

Eric Sohlgren Discusses El Pollo Loco Case in Orange County Business Journal

News/Alerts
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