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Jonathan A. SiegelBlog Posts

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  • Representative PAGA Law Allows Curing of Certain Wage Statement Violations

    An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer. This is a win for employers. The amendment, AB 1506, provides employers the right to cure a violation of failing … Continue Reading
    October 7, 2015
  • Cheerleaders in California Have Something to Cheer About!

    On July 15, Governor Jerry Brown signed into law AB 202, which requires California-based minor or major league sport teams in certain sports to treat cheerleaders as employees, not independent contractors. AB 202 defined California-based sport team as either a minor- or major-league-level team in the sport of baseball, basketball, football, ice hockey, or soccer.... Continue Reading
    July 16, 2015
  • Amendments to California Paid Sick Leave Law Effective

    Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015. Key provisions of the Amendment affect calculation of the rate of pay, method of accrual of paid... Continue Reading
    July 14, 2015
  • Controversial Dynamex Case Regarding Misclassification of Independent Contractors to be Reviewed by California Supreme Court

    Employers received a welcome development late last week when the California Supreme Court decided to review the controversial Dynamex Operations West, Inc. v. Superior Court (SC S222732/B249546 rev. granted 1/28/15) regarding misclassification of independent contractors. This case is important since it arguably created a different definition of “employee” for determining if an individual is misclassified … Continue reading Controversial Dynamex Case Regarding Misclassification of Independent Contractors to be Reviewed by California Supreme Court
    February 2, 2015
  • California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court

    The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (Cal. 2014), cert. denied, No. 14-341 (U.S. Jan. 20, 2015). In … Continue reading California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court
    January 22, 2015
  • California High Court Rules Sleep Time is Compensable Hours Worked

    Holding that “hours worked” under California Labor Code and Industrial Welfare Commission (“IWC”) Wage Order No. 4-2001 (“Wage Order 4”) include all time spent at the employer’s workplace and under the employer’s control, such as sleep time, the California Supreme Court has ruled that security guards were entitled to compensation for all on-call time, including … Continue reading California High Court Rules Sleep Time is Compensable Hours Worked
    January 21, 2015
  • Federal Arbitration Act Preempts State Arbitration Rule, California Court of Appeal Holds

    The Federal Arbitration Act (“FAA”) preempts California’s Broughton-Cruz rule, which states arbitration agreements for injunctive relief claims under the state unfair competition and false advertising laws are against public policy and invalid, the California Court of Appeal has held in an insurance consumer class action, allowing arbitration to proceed. McGill v. Citibank, N.A., No. G049838 … Continue reading Federal Arbitration Act Preempts State Arbitration Rule, California Court of Appeal Holds
    January 8, 2015
  • NLRB Rules against Employee Arbitration Agreements with Class or Collective Actions Limitations

    Despite criticism from some United States Courts of Appeals, the National Labor Relations Board (“NLRB”) has reasserted its position in D.R. Horton in which it held that class-action lawsuits are protected under the National Labor Relations Act (“NLRA”).  Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014). In its 2012 D.R. Horton Inc., … Continue reading NLRB Rules against Employee Arbitration Agreements with Class or Collective Actions Limitations
    November 10, 2014
  • New California Law Requires Sexual Harassment Prevention Training for Farm Labor Contractors

    An amendment to the California Farm Labor Contractor Act requires that farm labor contractors participate in at least one hour of sexual harassment prevention training each year. In addition, the amendment requires that an applicant for licensure as a farm labor contractor execute a written statement attesting that the contractor’s members of management have been … Continue reading New California Law Requires Sexual Harassment Prevention Training for Farm Labor Contractors
    October 3, 2014
  • California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination

    California has become the third state in the country, after New York and Oregon, to ban sexual harassment and discrimination in the workplace directed toward unpaid interns. The new law (AB 1443) extends workplace harassment and discrimination protections under the California Fair Employment and Housing Act (“FEHA”) to unpaid interns, volunteers, and individuals in apprenticeship … Continue reading California Law Protects Unpaid Interns and Volunteers from Harassment and Discrimination
    October 2, 2014

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