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.
Divided Court of Appeal Holds Requiring Employees to Call in Before Shift Triggers “Reporting Time” Pay Obligation
By D. Gregory Valenza | | February 5, 2019
Caution: some content in this post may be considered at least a little snarky. But if your organization requires employees to call-in to see if they're required to work later that day, it's probably worth the read. Two out of three justices of the court of appeal...
New Court of Appeal Decision Re: Liability Standards for Timekeeping and, Separately, Meal Period Pay
By D. Gregory Valenza | | February 4, 2019
The Court of Appeal's decision in Furry v. East Bay Publishing , LLC (opinion here) covers two important wage and hour issues: time records, and meal period liability. Terry Furry was employed as an advertising salesperson, and then "marketing director" with East...
More Quick Takes Re: California Employment Law
By D. Gregory Valenza | | February 2, 2019
Here are some summaries of recent developments. Cal-OSHA Logs. First, it's Groundhog Day. And you know what that means! The annual obligation to post OSHA logs. Here's a handy press release issued by Cal-OSHA about the requirement and the process. Arbitration -...
Ninth Circuit: Fair Credit Reporting Act Disclosure Must “Stand Alone” from Disclosures Required by State Law
By D. Gregory Valenza | | January 29, 2019
Employers that use background check companies to administer credit or other background checks: take note. The Ninth Circuit Court of Appeals further limited what qualifies as a "clear and conspicuous" disclosure that "solely" consists of the disclosure under the...
Quick Takes on 3 Recent Employment Law Cases
By D. Gregory Valenza | | January 18, 2019
Here are some summaries of three miscellaneous recent cases affecting California employers. These decisions are be industry or employer-specific. Prevailing Wage - Employers with public works contracts, particularly construction-related ones, take note - The U.S....
Unanimous Supreme Court: Courts Cannot Limit Arbitrator’s Power to Decide If Claim Is Arbitrable
By D. Gregory Valenza | | January 8, 2019
The U.S. Supreme Court held that lower courts cannot decide whether a claim is arbitrable, if the parties to the arbitration agreement properly delegated that responsibility to the arbitrator. Justice Kavanaugh wrote his first opinion on behalf of a unanimous Court....
IRS Releases 2019 Mileage Reimbursement Rates
By D. Gregory Valenza | | December 14, 2018
The Internal Revenue Service released the standard mileage reimbursement rate for 2019. You can see the IRS's press release here. For business expense reimbursement, the 2019 rate is $0.58 per mile. That's up $0.035 from last year. Reminder to California...
California DFEH: Train ‘Em Again and Again
By D. Gregory Valenza | | December 2, 2018
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...
California Court Kiboshes Claim Commute’s Compensable
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...
California’s “ABC” Independent Contractor Test Not Applicable to All Wage Hour Claims
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...
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