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 © 2017. All rights reserved.
A Cautionary Tale About Labor Commissioner Appeals
By D. Gregory Valenza | | August 13, 2018
The Court of Appeal's decision in Nishiki v. Danko Meredith, APC (here) contains some good guidance for employers regarding when final pay is due under California Labor Code section 202, when an employee resigns without notice. And the Court held that waiting time is...
Court of Appeal Vacates Arbitration Award Due to Arbitrator’s Deficient Disclosure
By D. Gregory Valenza | | August 6, 2018
In California, arbitrators must comply with certain ethical rules, which include making disclosures of their work in other cases involving the same parties or counsel. These rules help the parties decide if the arbitrator is neutral or affected by the "repeat player...
California Supreme Court: Turns Out Cal. Wage Hour Law Cares About Trifles
By D. Gregory Valenza | | July 27, 2018
The California Supreme Court unanimously decided that the legal maxim "de minimis non curat lex," or "the law does not care for trifles." does not apply to California wage-hour law. What does that mean in English? Well, it means that when the law says to pay for...
California Governor Signs Bill Providing Meal Period Relief to Almost No Employers Whatsoever!
By D. Gregory Valenza | | July 20, 2018
Governor Jerry Brown just signed AB 2610 (here) This is a law that modifies Labor Code section 512, which mandates the California meal periods. Unfortunately, the new bill applies only to a very limited group of employers, as detailed below. And that means one thing:...
A Pot Pourri of Recent California Employment Law Developments
By D. Gregory Valenza | | July 19, 2018
Here are several developments around the California employment law world...No particular order. California revises its statute precluding employers from asking applicants about salary history. AB 2282, text here This new law clarifies Labor Code section 432.3 and...
U.S. Supreme Court: No Forced Public Sector Union Fees
By D. Gregory Valenza | | June 28, 2018
The U.S. Supreme Court ruled that public sector employers (states, local governments) cannot require public sector employees to pay "agency fees" to public sector unions. That means that public employees who do not wish to be represented by a union in collective...
Upcoming CA Local Ordinance Changes – Info Courtesy of CA Chamber of Commerce
By D. Gregory Valenza | | June 11, 2018
The California Chamber of Commerce provides this handy guide to upcoming local ordinance changes. They include local minimum wage changes and more. Many changes go into effect 7/1/18. So, don't get caught unaware. The article is...
Court of Appeal: OK to Mail Final Wage Statement and More
By D. Gregory Valenza | | May 31, 2018
The Court of Appeal made three significant rulings (mainly) concerning California's Labor Code section 226, a law that imposes specific requirements for "wage statements" that accompany each pay check. First, the Court held that when an employer pays "retro overtime"...
Court of Appeal: Employee Can Sue for PAGA Penalties for Violations that Don’t Affect the Employee
By D. Gregory Valenza | | May 29, 2018
Employers, lawyers, clients, friends, and random Googlers: do you understand how dangerous PAGA claims can be? The California Court of Appeal just provided a clinic on the subject. So, let's review the Court's decision in Huff v. Securitas Security Servs. USA, Inc....
Court of Appeal Reaffirms Low Bar for Employees’ Recovery of Labor Code’s “Waiting Time” Penalties
By D. Gregory Valenza | | May 28, 2018
A restaurant company operating within the L.A. Airport Westin hotel did not comply with Los Angeles County's special, amended "living wage" ordinance that applies to certain hotel employees. The original ordinance tied annual wage increases to a consumer price index....
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