WHAT YOU NEED TO KNOW ABOUT CALSAVERS: CALIFORNIA’S RETIREMENT PAYROLL DEDUCTION PROGRAM FOR EMPLOYEES

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Beginning on June 30 of this year, most California employers who do not offer an employer-sponsored retirement savings plan will need to register with the California Secure Choice Retirement Savings Program.  The new program, referred to as “CalSavers,” is designed to help California employees set aside money for retirement.    However, the program does not create […]

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Walmart: No Price Rollback For Truck Driver Claims

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The Ninth Circuit affirmed a $54.6 million jury verdict for truck drivers who said Walmart violated California wage and hour laws including failure to pay minimum wage for layovers, rest breaks and inspections as a matter of law. The majority of the damages awarded in this case rested on whether Walmart exercised control over its […]

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ALERT: Arbitration Injunction Will Remain In Place For Now

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California employers won yet another important victory Friday in the fight to allow the use of mandatory employment arbitration agreements in California. See our previous articles on AB-51 here and here. In December, the California Chamber of Commerce filed a lawsuit challenging AB-51 because it runs afoul of federal arbitration law. In late December, a […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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Court Re-Emphasizes Importance of Going and Coming Rule  By: Rebecca A. Hause-Schultz The “going and coming” rule says that an employee is generally not acting within the scope of employment when going to or coming from the employee’s regular place of work. In a recent case, Plaintiffs argued that an employer was responsible for an […]

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NOTEWORTHY NEW LAWS FOR 2020

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The New Year brings with it some noteworthy new laws for 2020.  The following are reminders on several new laws that all California employers should be aware of. AB 5: Employees and Independent Contractors. Effective January 1, 2020, Assembly Bill 5 codified the Dynamex decision regarding whether an individual is an employee or an independent […]

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House Passes Farm Workforce Modernization Act

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As a follow up to our E-blast about the Farm Workforce Modernization Act, available here, on December 11, 2019, the House passed the Bill with support from both Republicans and Democrats. Advocates for the Bill anticipate changes and possibly a conflicting bill to come from the Senate that may require special committee to finalize Bill […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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We’ve Got the Cart, Now Where’s the Horse?  By: Rebecca Schach As we previously reported, California Representative Lofgren introduced the cart for immigration change through the Farm Workforce Modernization Act (originally H.R. 4916 then renamed H.R. 5038) into the House of Representatives last month. Just this past week, the bill moved out of the House […]

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Rebel Without a Claus: Oracle Corporation files Suit Against the DOL

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The tech giant Oracle Corporation (Oracle) kicked off the holiday season last week by filing a 50-page complaint against the Department of Labor (DOL) claiming “unprecedented overreach” in the agency’s enforcement practices. In the lengthy complaint, Oracle claimed that the DOL has created an unauthorized administrative trial system that prosecutes and adjudicates discrimination claims, then […]

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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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