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 © 2018, 2017. All rights reserved.
By D. Gregory Valenza | |
Everybody knows AB 1825 requires larger California employers to train supervisors every two years, within six months of hire or promotion, etc. The mandated training primarily addresses sexual harassment, but must include other elements such as "abusive conduct" not...
By D. Gregory Valenza | | November 18, 2018
Commutting time is usually not compensable. But if an employee is required to perform "work" at home, or during the commute, then the time may be considered hours worked. Certain Pacific Bell technicians used to have to pick up their work vans at a depot, where the...
By D. Gregory Valenza | | November 13, 2018
You may recall that earlier this year, the California Supreme Court held in Dynamex Ops. West v. Superior Court that "independent contractors" are treated as employees under the Industrial Wage Commission's Wage Orders. unless they satisfy each element of the...
By D. Gregory Valenza | | November 6, 2018
Here are some quick takes, starting with today's U.S. Supreme Court decision. Please note that although these are short, there are some important rulings by the California courts below. The U.S. Supreme Court decided in a unanimous (8-0) decision that the federal Age...
California Court of Appeal Upholds Hourly Rate Based on “Greater of” Guaranteed Minimum or Productivity Formula
By D. Gregory Valenza | | October 6, 2018
Certified Tire put in place, per the Court. a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage for all hours worked during each pay period but also gave them the possibility of earning a higher hourly...
California Legislature Changes a Number of Employment Laws that Will Affect You. And Me, Too. (SWIDT?)
By D. Gregory Valenza | | September 30, 2018
As the Legislative session closed, Governor Jerry Brown, his final term as governor ending, put an indelible mark on employment law. Several of the bills that Governor Brown signed will require changes to employment documents, new training, and new approaches to...
Court of Appeal: Individual Employees May Be Held Liable for Some Penalties and Attorney’s Fees in Wage-Hour Cases
By D. Gregory Valenza | | September 29, 2018
Well, looks like a Court of Appeal (in Atempa v. Pedrezzani (here)) has decided that any person "acting on behalf of an employer" who violates or causes a violation of the state's applicable overtime laws may be held personally liable for civil penalties under Labor...
By D. Gregory Valenza | | September 22, 2018
The doctrine "respondeat superior" means that the employer may be held liable for the act of its employee committed in the course and scope of employment, or something close to that. The idea is that the employer has a deeper pocket and can spread the costs of its...
By D. Gregory Valenza | | September 20, 2018
Just a quick update on some California law developments. First, the Governor is considering whether to sign pending legislation awaiting signature or veto. We'll have a full article on all the new laws. Also, please consider attending our end of year update for even...
Court of Appeal: Posting a Bond (or Seeking a Waiver) Strictly Enforced in Labor Commissioner Appeals
By D. Gregory Valenza | | August 21, 2018
As we wrote in our previous post, here, the courts are not fans of appeals of Labor Commissioner decisions. So, when the legislature makes it harder to appeal, the courts are pleased to enforce these laws strictly. The latest example is Burkes v. Robertson, opinion...
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