Class-Action Risk to Businesses from New Consumer Privacy Laws

Posted by Dowling Aaron on

New California consumer privacy laws which have the potential to set off a wave of class-action litigation against businesses go into effect January 1, 2020. The California Consumer Privacy Act of 2018 (CCPA) [1]allows consumers to demand that businesses tell them exactly what personal information the business has collected about them. Consumers will also have […]

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Off the Clock Cases Revived by Ninth Circuit

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The Ninth Circuit has revived two class actions against Nike Retail Services, Inc. and Converse, Inc. and they both will now have to face employee allegations that they violated the California Labor Code by failing to pay employees for time spent during “off the clock” exit inspections when leaving the stores. In Rodriguez, et al. […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK 6/21/19

Posted by Dowling Aaron on

NLRB Strikes Arbitration Agreement that Does Not Explicitly Permit Access to the Board Employers, it is time to revisit your arbitration agreements. On Tuesday, the National Labor Relations Board (“NLRB”) issued a unanimous decision striking an employer’s arbitration agreement on the basis that employees could reasonably construe the arbitration agreement to unlawfully restrict access to […]

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Are You Ready for Cal/OSHSA to Bring on the Heat?

Posted by Dowling Aaron on

Today, Cal/OSHA issued a news release urging all employers to protect outdoor workers from heat illness. The news release is available here. Several cities across the state are already dealing with high heat temperatures and it is expected to stay between 90 and 100 degrees for the next few weeks, which triggers an employer’s obligation […]

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Cal/OSHA Reminds Employers to Protect Outdoor Workers from Heat Illness as Temperatures Rise Across California

Posted by Dowling Aaron on

High heat temperatures have officially arrived throughout California. As a result, Cal/OSHA published a news release reminding all employers to protect their outdoor workers from heat illness. The press release is available here. Many areas throughout California have already reached triple digits, which trigger an employer’s obligation to comply with California Heat Illness Prevention guidelines. […]

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UPDATE: Social Security Administration Confirms They Will Take NO ACTION for Employer’s Who Do Not Comply with No-Match Letters

Posted by Dowling Aaron on

As we previously reported, in conjunction with Chris Schulte of CJ Lake, LLC and Rob Roy of Ventura County Agricultural Association, the Social Security Administration (“SSA”) began mailing Educational Correspondence (“EDCOR”) notifications to employers who submit at least one 2018 W-2 with a SSN mismatch or no-match. These notices differed from previous mismatch/no-match letters as […]

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U.S. Supreme Court Dilutes Employer Defense to Job Bias Claims

Posted by Dowling Aaron on

On Monday, the United States Supreme Court (“SCOTUS”) made it more difficult for employers to dismiss federal discrimination lawsuits, ruling that if an employer does not timely raise the affirmative defense that an employee failed to properly file a charge, the employer waives that defense and the discrimination lawsuit can proceed in federal court. Read […]

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FRIDAY FLURRY: UPDATES ON NEWS FOR THIS WEEK

Posted by Dowling Aaron on

 Dynamex “ABC” Independent Contractor Test Applies Retroactively On Thursday, the Ninth Circuit ruled that Dynamex Operation West, Inc., v. Superior Court., (“Dynamex”) the California Supreme Court landmark decision which made it significantly more difficult for employers to classify workers as independent contractor, applies retroactively. As we previously reported here, in May of 2018 the California […]

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Employer Wins Right To Compel Individual Arbitration After Litigating All The Way To The Supreme Court

Posted by Aileen Pasion on

After many years of litigation, employer Lamps Plus successfully defended its arbitration agreement all the way to the U.S. Supreme Court (“SCOTUS”), when the Court’s conservative majority ruled that a court may not compel class-arbitration unless the parties’ arbitration agreement shows that the parties agreed to that process. In the case at issue, Varela v. […]

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