Law Alerts

Supreme Court Shockwaves Rocking the California De Minimis Terrain!

According to a recent California Supreme Court decision, California employers cannot require employees to work off-the-clock without compensation, even if only for a few minutes.  The Court’s ruling in Troester v. Starbucks should be a warning to all employers to review their timekeeping procedures to ensure that all time worked is recorded and compensated. Douglas […]

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Cyber Liability Insurance Is Not an Option Anymore

By Muhannad A. Malki. Social Service agencies (both for profit and non-profit) working via contract with various Regional Centers and/or DMH (Department of Mental Health) are now being contractually obligated to carry Privacy/Cyber Liability Insurance. This has been a naturally progressing inevitability as Cyber risks and exposures continue to grow. Additionally, California recently enacted the […]

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Janitorial Registration – Property Service Workers Protection Act

The Property Service Workers Protection Act is a law that went into effect January 1, 2017 to protect janitors against wage theft and sexual harassment. The Act has three parts: record keeping, registration with the Labor Commissioner’s Office, and sexual harassment training. The Act requires all janitorial employers to: Keep detailed records for three years (see below for […]

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Current FMLA Forms Expire June 30, 2018

You may have noticed that the federal Department of Labor (DOL) forms used to manage leave under the Family and Medical Leave Act (FMLA) expired on May 31, 2018. If you looked for updated forms before they expired, you would not have found any. Here is why: The federal DOL has to submit forms to […]

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Class Action Arbitration Agreements

In its recent and much anticipated Epic Systems Corp. v. Lewis decision, the United States Supreme Court upheld the use of class and collective action waivers in arbitration agreements. In light of the Epic Systems Corp. decision, attached is a sample arbitration agreement which includes a class action waiver. However, do not implement the agreement […]

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California Announced A Dramatic Change in Independent Contractor Law

The California Supreme Court just issued a landmark decision that makes it extremely difficult for businesses to classify individuals as independent contractors. When making a decision about classification, companies previously analyzed the level of control they would exercise over the individual. Under the new test, a person will be considered an independent contractor only if […]

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An Employer’s Guide to California’s Workplace Sanctuary Law

As soon as revelers counted down from “10” to “Happy New Year”, California officially became a “Sanctuary State.” One might think that such a designation only impacts local law enforcement, but thanks to Assembly Bill 450 (“AB 450”), employers in 2018 must also know how to deal with Federal immigration officials. As if complying with […]

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When The Bureau Comes Knocking…Literally

Recently, our office has received many questions regarding investigations conducted by the Division of Labor Standards Enforcement’s (“DLSE”) Bureau of Field Enforcement, or “BOFE” for short. In some cases, the questions stem from a BOFE subpoena requesting that the employer provide information ranging from payroll records to text messages. In other cases, the questions stem […]

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New Parent Leave Act For Small Employers – January 1, 2018

Effective January 1, 2018, California’s New Parent Leave Act for Small Employers (SB 63) requires California employers with 20-49 employees within a 75-mile radius to provide up to 12 weeks of job-protected unpaid leave to new parents for the purpose of bonding with a new child within one year of the child’s birth, adoption, or […]

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Employers Prohibited From Relying On Salary History in Making Hiring Decisions.

On Thursday, October 12, 2017, the Governor signed Assembly Bill 168 (“AB 168”) into law, which takes effect on January 1, 2018.  AB 168 applies to all employers and specifically prohibits employers from relying on the salary history information of an applicant for employment as a factor in determining whether or not to make a […]

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