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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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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