FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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Trader Joe’s Can’t Trade Liability  By: Rebecca Schach This week the California Labor Commissioner’s Office hit Trader Joe’s and Grocery Outlet with fines in excess of $825,000 each for minimum wage and overtime violations. Both Trader Joe’s and Grocery Outlet obtain labor from an Anaheim-based subcontractor Inventory Professional Inc. Through agency investigation, the Labor Commissioner’s Office […]

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“Control” Still Controls For Temporary Employee FEHA Applicability

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The Appellate Court once again reminds Employers who engage farm labor contractors and temp agencies that setting boundaries is an important defense to Fair Employment Housing Act (“FEHA”) claims. In Jimenez v. U.S. Continental Marketing, Inc. (2019), the Court held that a temporary employee working at a contract-employer location could have a viable claim under FEHA […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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DOL & OFCCP Hit Grand Slams By: Adrian Hoppes Coming off of an exciting World Series game Wednesday, there are a couple other players in town you should be looking into for next season. This week the Department of Labor’s Wage and Hour Division (“DOL”) announced it had a record year in collecting from business […]

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SPIRITS SOAR FOR EMPLOYERS FOLLOWING RECENT NLRB RULING APPLYING THE “BOEING TEST.”

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The National Labor Relations Board (NLRB) recently issued a ruling applying the Boeing test to uphold a California employer’s workplace rules.  The Boeing test, adopted in late-2017, allows for a fairer, less restrictive approach to whether an employer’s workplace policies infringe on its employees’ rights under the National Labor Relations Act (NLRA).  See our prior […]

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KINCADE FIRE AND REMINDER TO REVISIT HEAT ILLNESS PREVENTION AND WILDFIRE SMOKE PROTECTION GUIDELINES

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In the late hours of Wednesday evening, a fast-moving wildfire tore across northeastern Sonoma County. The “Kincade” Fire has consumed more than 16,000 acres and is not yet contained. Evacuation has been ordered for the city of Geyserville and surrounding communities. An interactive Incident Map is available here. As our nearby communities grapple with displacement […]

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Employees in Marijuana are Lit after Last Month’s 10th Circuit Decision

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Last month the 10th Circuit confirmed that the Fair Labor Standard Act (“FLSA”) applies to cannabis industry employees. At issue, the cannabis industry titan Helix TCS Inc. – a publically-traded company providing security, inventory control, and compliance services to the marijuana industry in Colorado. The Company’s former security guards filed a class action lawsuit alleging […]

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Employees/Former Employees Now Have More Time To Purse Claims With the Department of Fair Employment and Housing

Posted by Mark Kruthers on

On October 10, 2019, Governor Gavin Newsom signed a law increasing the time employees/former employees have to file claims with the California Department of Fair Employment and Housing (the “DFEH”) from 1 year to 3 years. (Former Governor Jerry Brown vetoed a similar bill last year saying the proposed change in the law would unnecessarily […]

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The Dynamex Test – A Never Ending Nightmare For California Businesses

Posted by Mark Kruthers on

While the Dynamex decision and the “ABC Test” it created has been a concern for businesses (including those that operate as independent contractors) since 2018, employers found solace in the fact that the California Supreme Court took steps to limit the impact of its decision by focusing on various things specific to the Dynamex case.  […]

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UPDATE: Cal/OSHA High Heat Advisory Warning

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Cal/OSHA released another heat advisory warning for Thursday and Friday, July 26 and 27, 2019 for parts of Merced, Madera, Fresno, Kings and Kern counties. Please read our previous eBlast discussing California’s high heat illness prevention standard and steps that employers must take to protect outdoor workers from potential heat illness here. Additionally, employers are […]

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Dynamex Retroactive Application Punted to California’s High Court

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The California Supreme Court last year adopted a new test, called the ABC Test, for use in cases involving the question of when is a worker an employee versus an independent contractor under IWC Wage orders. That case, Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, (“Dynamex”) was a class action […]

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