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Evan D. BeecherBlog Posts

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  • 9th Circuit Rejects PAGA Objector’s Appeal

    In a recent decision, Peak v. Swift Transportation, the 9th Circuit dismissed an objector’s appeal of the district court’s approval of a Private Attorney General Act (PAGA) settlement. The parties reached a proposed class and PAGA settlement. A truck driver who was not a party to the action, Lawrence Peak (Peak), objected to the PAGA... Continue Reading
    February 15, 2022
  • Labor Commissioner Issues COVID-19 Testing and Vaccination Guidance

    20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and Vaccination pertaining to... Continue Reading…
    April 15, 2021
  • Labor Commissioner Issues COVID-19 Testing and Vaccination Guidance

    20 million Californians have already been vaccinated, with all individuals age 16 and up eligible for vaccination effective April 15th. The Department of Fair Employment and Housing recently released updated COVID-19 guidance, which included guidance on employer vaccination programs. The California Labor Commissioner followed suit and released guidance regarding COVID-19 Testing and Vaccination pertaining to... Continue Reading
    April 15, 2021
  • Newsom Signs Law Increasing Penalties Available to Workers

    On October 10, 2019, Governor Gavin Newsom signed AB 673 into law, expanding an employee’s right to collect penalties for an employer’s failure to timely pay wages. Prior to the enactment of AB 673, Labor Code section 210 provided a penalty that was directly recoverable by the Labor Commissioner or by an employee authorized to... Continue Reading
    November 5, 2019
  • Wage Statements May Contain Fictitious Business Names, California Court of Appeal Affirms

    While best practices would be to use the employer’s registered name, a recent Court of Appeal opinion has upheld an employer’s use of its fictitious business name in its wage statements. California Labor Code section 226 lists information that must be included in every employee’s wage statement. Pursuant to subsection (a)(8), one piece of information...… Continue Reading The post Wage Statements May Contain Fictitious Business Names, California Court of Appeal Affirms appeared first on California Workplace Law Blog.
    May 1, 2019
  • California Appellate Court Rejects Legislative Attempt to Circumvent Federal Arbitration Act on Claims Involving the Ralph Act and Bane Act

    In Saheli v. White Memorial Medical Center (B283217, Cal. Ct. App., March 14, 2018), the Court of Appeal for the Second Appellate District addressed for the first time whether restrictions on arbitration agreements contained in the Ralph Act and Bane Act are preempted under the Federal Arbitration Act (“FAA”). “The Ralph Act broadly provides that...… Continue Reading The post California Appellate Court Rejects Legislative Attempt to Circumvent Federal Arbitration Act on Claims Involving the Ralph Act and Bane Act appeared first on California Workplace Law Blog.
    April 16, 2018
  • New California Law Limits Employers’ Ability To Inquire Into Juvenile Criminal History

    On September 27, 2016, Governor Jerry Brown signed Assembly Bill 1843, which prohibits certain inquiries into the criminal past of applicants for employment.  The new law now adds a prohibition against asking about, considering as part of the hiring process, or attempting to discover, information relating to any “arrest, detention, processing, diversion, supervision, adjudication, or … Continue Reading The post New California Law Limits Employers’ Ability To Inquire Into Juvenile Criminal History appeared first on California Workplace Law Blog.
    October 19, 2016
  • Governor Brown Raises the Minimum Wage to $15.00 per Hour, Despite Strong Employer Opposition

    California’s unfriendly business environment took another unprecedented step this week, with Governor Jerry Brown raising the minimum wage to $15.00 per hour by 2022.  Governor Brown signed SB 3 into law on April 4, 2016.  The new law annually increases the state minimum wage starting January 2017.  California’s minimum wage currently is $10.00 per hour.  … Continue Reading The post Governor Brown Raises the Minimum Wage to $15.00 per Hour, Despite Strong Employer Opposition appeared first on California Workplace Law Blog.
    April 8, 2016