California Labor & Employment Law Blog

NLRB Says Employees Have Right to Use Employer Email for Union Organizing Activities

December 12, 2014 - 10:50 AM

By: Robin E. Largent

Yesterday, the NLRB issued a controversial 3-2 decision (divided on partisan lines) in Purple Communications, holding that employees are entitled to use an employer's email system for activities covered by Section 7 of the National Labor Relations Act (NLRA).  Section 7 protects employees' right to engage in concerted activity for mutual aid and protection (including,...
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Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable

December 9, 2014 - 11:40 AM

By: Robin E. Largent

Today the U.S. Supreme Court issued its decision in Busk v. Integrity Staffing Solutions, Inc., unanimously holding that time warehouse employees spent waiting to go through security checks and undergoing those checks at the end of their shift was not compensable time.  The decision overrules a contrary conclusion that the Ninth Circuit Court...
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Hot off the Press – New Statewide Minimum Wage Increase Proposed On First Day of California Legislative Session

December 1, 2014 - 5:10 PM

By: Mark S. Spring

The action continues on the minimum wage front in December.  Earlier today, State Senator Mark Leno introduced a bill to accelerate the proposed increase to California’s statewide minimum wage.  Leno has been a strong proponent of an increased statewide minimum wage. Today was the first day of the California legislative session...
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Late November Wage and Hour Developments in California

December 1, 2014 - 11:30 AM

By: Mark S. Spring

In case you were too busy eating Turkey and/or watching football, we wanted to make sure you were aware of two wage and hour developments in California from last week: Premium Pay for Certain Holidays Being Proposed First, San Diego Assemblywoman Lorena Gonzalez announced that she is going to introduce a bill that guarantees...
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California Court Complicates Determination of Independent Contractor Misclassification Claims

October 29, 2014 - 11:20 AM

By: Robin E. Largent

A decision earlier this month by a California Court of Appeal in Dynamex v. Superior Court greatly (and unnecessarily) complicates the determination of whether an employee is an independent contractor or an employee, and in some instances makes it extremely difficult for an employer to defeat class certification of an independent contractor misclassification claim.  ...
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Sacramento Trial Court Holds That Sacramento Bee Newspaper Carriers Were Misclassified as Independent Contractors

October 8, 2014 - 9:05 AM

By: Mark S. Spring

On September 22, after a court trial before the Honorable Gerrit W. Wood of the Superior Court of Sacramento County, the court, in an unpublished opinion, found that a class of newspaper carriers working for the Sacramento Bee from 2005 through 2009 were improperly classified as independent contractors.  Utilizing the standards articulated by the California Supreme Court...
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California Enacts New Laws Attacking Arbitration and Arbitration Agreements

October 1, 2014 - 1:18 PM

By: Robin E. Largent

On the last day to sign or veto bills this legislative session, California’s Governor signed into law two bills clearly aimed at attacking and limiting arbitration and arbitration agreements in California.  The first, AB 2617, prohibits mandatory, pre-dispute arbitration agreements in contracts for the provision of goods or services, to the extent an...
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New California Law Makes Companies Liable for Wage Violations of Contractors

September 29, 2014 - 11:12 AM

By: Robin E. Largent

Yesterday, California’s Governor signed AB 1897 into law, notwithstanding tremendous opposition from business and trade groups.  Under AB 1897, which takes effect January 1, 2015, a client employer will share civil legal responsibility and civil liability for all workers supplied by a labor contractor for the payment of wages and the failure to obtain valid workers...
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Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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