One More Thing Before You Go: Bag Checks Are “On Clock” Per Cal Supreme Court

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Taking the opposite position of the United States Supreme Court evaluating federal law (read more here), the California Supreme Court has decided that time spent on the employer’s premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices brought to work purely for personal convenience by employees is compensable as […]

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THE POTENTIAL PITFALLS OF MANDATORY ARBITRATION AGREEMENTS IN CLASS ACTIONS

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On February 10, 2020, a U.S. District Court judge ordered an employer to individually arbitrate 5,010 claims of worker misclassification. For context, DoorDash provides a service where customers order food online, and couriers pick up the food and deliver it to the customers. DoorDash classifies its couriers as independent contractors and includes a mandatory arbitration […]

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ALERT: PUBLIC CHARGE AND CHANGES FOR H-2A PETITIONS

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After significant buzz over the past year, the U.S. Citizenship and Immigration Services (USCIS) office will implement the final rule on Public Charge Grounds of Inadmissibility starting February 24, 2020, nationwide except in the State of Illinois where USCIS has been enjoined (the legal term for stopped) by a federal district court. This latest round […]

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Reminder to Post 2019 Annual Summary of Work Related Injuries and Illnesses

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The Cal/OSHA 2019 Annual Summary of work-related injuries and illnesses (Form 300A) should now be posted “in a visible and easily accessible area at each worksite” by employers in California. The form must be posted annually from February 1st through April 30th. Instructions and templates are available here at Cal/OSHA’s website. Additionally, employers with 250 […]

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FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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ALERT: USCIS RELEASES NEW FORM I-9 By: Manuel E. Ignacio The U.S. Citizenship and Immigration Services (“USCIS”) released a new Employment Eligibility Verification Form I-9 today.  The new Form can be downloaded here and bears the edition date “(Rev. 10/21/2019)” in the lower left corner. According to a notice published today in the Federal Register […]

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AB 749: “NO REHIRE” TERMS IN SETTLEMENT AND SEVERANCE AGREEMENTS

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Assembly Bill 749 (“AB 749”) is another #MeToo-inspired bill meant to increase protections for employees. The bill addresses “no rehire” provisions which are common in employment settlement agreements and in severance agreements. A “no rehire” term requires an employee settling claims against an employer to agree to never apply to work at the employer in […]

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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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