Category Archives: California

California Chamber of Commerce Announces “Job Killer” Bills of 2015

The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact … Continue reading

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California Appellate Court Permits On-Call Rest Breaks [UPDATED]

[Update: On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Security Services, Inc. The grant of review makes the appellate court’s opinion not citable.]  In Augustus v. ABM Security Services, Inc., a California Court of Appeal … Continue reading

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Judicial Review Available for California Unemployment Insurance Appeals Board Decision On Employment Status

On December 5, 2014, in West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board (Cal. Ct. App.) 2014 WL 6852700 —-Cal.Rptr.3d—-, the California Court of Appeal held that an employer may obtain judicial review of a … Continue reading

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City of Oakland Increases Minimum Wage and Requires Paid Sick Days

On November 4, 2014, voters approved Measure FF, which sought to raise the minimum wage in the city of Oakland to $12.25 and require employers to offer at least five days of paid sick leave to all employees; employers with … Continue reading

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Anti-Discrimination And Harassment Protections Extended to Unpaid Interns and Volunteers

On September 9, 2014, Governor Jerry Brown signed Assembly Bill (“AB”) 1443, which amended the California Fair Employment and Housing Act (“FEHA”) to extend its anti-discrimination and harassment protections to unpaid interns and volunteers.

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California Employers Now Share Liability With Staffing Firms

On September 28, 2014, Governor Jerry Brown signed Assembly Bill (“AB”) 1897, which requires “a client employer to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the … Continue reading

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California Enacts Paid Sick Leave and Paid Time Off Legislation

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), requiring California employers to provide paid sick leave to their employees.  The Act goes into effect on July 1, … Continue reading

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Are You The Employer of That Corporation’s Employees?

“A corporation with no employees owns a corporation with employees.  If the corporation with no employees exercises some control over the corporation with employees, it also may be the employer of the employees of the corporation it owns.”  That was … Continue reading

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Don’t Pay That Waiting Time Penalty!

California strongly favors the prompt payment of wages due to an employee.  The California Labor Code codifies this principle in Section 202, which provides in pertinent part that an employee who “quits his or her employment, his or her wages … Continue reading

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Hey Employers!—Reimburse That Phone Bill

California Labor Code § 2802 requires employers to indemnify its employees for all necessary expenses incurred in direct consequences of the discharge of their duties.  In recent times, this statute and some employers’ decisions to not reimburse certain employee expenses … Continue reading

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California Court of Appeal Finds That Pre-Litigation Demand Was Extortion

In Stenehjem v. Sareen, a California Court of Appeal recently held that a former employee’s pre‑litigation demand constituted extortion when the employee threatened to report his former employer to federal authorities due to alleged criminal activity that was “entirely unrelated … Continue reading

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San Francisco Bay Area Employers with 50+ Employees Required to Provide Commuter Benefits

The Bay Area Commuter Benefits Program requires that employers with 50 or more full-time employees in the San Francisco Bay Area offer commuter benefits to their employees. The program is a partnership led by the Metropolitan Transportation Commission and the … Continue reading

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Employee’s Poisoning of Co-Worker was Outside the Scope of Employment for Purposes of Employer’s Vicarious Liability

In Monague v. AMN Healthcare, Inc., the California Court of Appeal recently held that a staffing company was not vicariously liable for an employee’s poisoning of a co-worker.

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California Expands Protection For Whistleblowers

California Governor Jerry Brown signed into law SB 666 and AB 263, which together expand protections for whistleblowers in California by amending California’s general whistleblower statute, Labor Code section 1102.5.  These amendments are effective January 1, 2014.

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California Court Outlines Boundaries Of UTSA Preemption

The Court of Appeals for the Fourth District of California recently outlined the preemption boundaries of the California Uniform Trade Secrets Acts (“CUTSA”).  The Court held that common law claims that are based on independent, but related, factual grounds are … Continue reading

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