California Supreme Court to Review Decision that Could Subject Employers to More Suits Under California’s “Sue Your Boss” Law
October 18, 2007 - 9:01 AM
Most California employers are aware of California's Private Attorneys General Act ("PAGA") (also known as the "Sue Your Boss" or "Bounty Hunter" law), which allows plaintiffs to bring representative claims on behalf of themselves and other employees for alleged Labor Code violations. Successful plaintiffs can recover up to $100 per employee for an initial violation,...
Mark S. Spring to Speak at Sacramento Area Human Resources Management Association Seminar Regarding Recent Developments in California Employment Law
October 16, 2007 - 3:03 PM
On December 10, 2007, Mark S. Spring, the firm's managing partner, will conduct a seminar for the Sacramento Area Human Resource Association andreview material developments that occurred in the world of California employment law in 2007; Mr. Spring will also be providing general advice on policy changes that should be considered to help ensure compliance and minimize risk....
Governor Schwarzenegger Vetoes Numerous Employment-Related Bills
October 15, 2007 - 5:50 PM
Governor Schwarzenegger has vetoed a number of employment-related bills, many of which would have imposed additional financial burdens on California employers. Among the most significant are Assembly Bill 8 (which, among other things, would have requireaffected employers to either make certain minimum health care expenditures or contribute to a statewide pool for health care coverage benefits);...
New State Law Requires Employers to Grant Time Off to Soldiers’ Spouses
October 15, 2007 - 12:00 AM
Recent legislation signed by Governor Schwarzenegger creates new rights for the spouses of deployed soldiers. Specifically, Assembly Bill 392 requires employers of 25 or more employees to grant up to 10 days of unpaid leave to qualified employees (meaning those who work an average of 20 or more hours per week for the employer and who are married to...
FedEx Drivers are not Independent Contractors
October 14, 2007 - 11:51 AM
For the purposes of reimbursement of work-related expenses, drivers working for FedEx were employees and not independent contractors, a California Court of Appeal recently affirmed.
FedEx hired the plaintiff class members as drivers.Upon being accepted for employment, the drivers executed agreements identifying each of them as an "independent contractor, and not as an employee ...;...
Federal Judge Blocks “No Match” Rule
October 10, 2007 - 3:45 PM
U.S. District Court Judge Charles M. Breyer granted a preliminary injunction against the so-called "no match" program that would require employers to verify Social Security numbers andterminate workers whose numbers did not match official records.In a ruling issued on October 10, 2007, Judge Breyer granted the preliminary injunction after extending a restraining order blocking the...
Governor Considers Bill to Expand Employee Rights to Protected Leave Under CFRA
October 2, 2007 - 6:19 PM
Governor Schwarzenegger is currently reviewing AB 537, a bill that would substantially expand the class of employees eligible to take leave under the California Family Rights Act ("CFRA").
CFRA requires employers with 50 or more employees to provide covered employees with up to 12 weeks of protected unpaid leave during any 12-month period 1) to bond with a child...
Judge Further Delays Implementation of “No Match” Rule
October 2, 2007 - 2:52 PM
United States District Court Judge Charles R. Breyer has extended a temporary restraining order that prevents the Department of Homeland Security from implementing a rule requiring employers to fire employees after they receive notices from the Social Security Administration ("SSA") of discrepancies between the employees' names and social security numbers (so-called "no match" letters). According...
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