What’s New in Employment Law?
Welcome to Shaw Law Group, PC’s law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, ’cause it isn’t. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also – this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2020, 2019, 2018, 2017. All rights reserved.
California Supreme Court: Apple’s Employee Bag Checks Are “Hours Worked”
When employees finish work, they typically punch out and head for the exit. But what if those employees have to show a supervisor or security agent their personal belongings, to ensure they are not in possession of company merchandise? That delay could be several...
Here’s a Tip About Service Charges
Readers who are concerned with tips and service charges may be interested in this post. Everyone else, click the X. Way back when, I wrote this article in the San Francisco Daily Journal about tips and service charges. Most of it's still fine. I believe the huge...
February Brings a New I-9 Form and More
Welcome to February! Groundhog Day is behind us again. The Kansas City Chiefs broke a 50-year dry spell - "Feels great, Baby!" ::cough:::. And it's time to start presidential primary season! Groundhog Day is behind us again. (SWIDT?) What joys could a humble...
Cal. Supreme Court to Decide How to Calculate Meal and Rest Period Penalty
Back in October 2019, the Court of Appeal decided that a meal or rest period penalty is calculated as one hour of pay, at the employee's base rate of pay (exclusive of the value of bonuses, commissions, etc.). Remember? Here's our original post about Ferra v. Loew's...
Federal Court Joins Superior Court and Enjoins AB 5 re Interstate Truckers
A federal district court issued a preliminary injunction against AB 5 based on federal law preemption. The court held the Federal Aviation Administration Authorization Act, which applies to about 70,000 interstate truckers, likely preempts AB 5's applicability to...
AB 51 Arbitration Update
AB 51 - California's latest anti-arbitration law- remains on hold. As we told you here, a district court temporarily blocked enforcement of the new law, which would curb mandatory employment arbitration. The district court extended its temporary restraining order,...
CA Judge Holds Federal Law Preempts Part of AB 5 (Independent Contractor) Law…. (Updated)
....as applied to certain truckers covered by federal interstate trucking law. Here's an article in the LA Times. The Superior Court's ruling is here. The state will appeal to state appellate court in this case. There is also federal litigation on the same issue...
IRS (Finally) Announces Standard Mileage Rate for 2020
The IRS Standard Mileage rate for 2020 will be $0.575 per mile! That's down 0.005 from 2019. The IRS announcement is here. Employers typically use this rate to reimburse employees for the business use of their personal vehicles. In some states, it's not required...
Good News – Federal Court (Temporarily) Blocks California’s New Anti-Arbitration Law AB 51
AB 51 attempts to ban employers from requiring applicants or employees from entering into arbitration agreements as a "condition" of employment. I posted about the law here. Although the law tries a novel approach to banning arbitration, a federal district court...
Some Holiday Gifts For All Employers From…. the NLRB and the DOL
The NLRB and U.S. Department of Labor are delivering some holiday cheer this year. The DOL is revising not only the federal salary basis (scroll down to page 51306 of the PDF here), but also certain regulations governing the calculation of overtime for the non-exempt...
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