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

Posted by Dowling Aaron on

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

Posted by Dowling Aaron on

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

Posted by Dowling Aaron on

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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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

Posted by Dowling Aaron on

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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