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Hazel U. PoeiBlog Posts

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  • Employers, Politics, and Free Speech

    With political campaigns well underway, the protection of “free speech” and concerns that regular political discourse could create potential liability are mounting.  Notably, within the last year, California’s Fair Employment and Housing Commission expanded upon a number of definitions and specific employment practices prohibited under the Fair Employment and Housing Act (“FEHA”). Not listed Not listed among them is...… Continue Reading The post Employers, Politics, and Free Speech appeared first on California Workplace Law Blog.
    May 21, 2019
  • Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions

    On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to exempt certain types of licensed workers. Just as noteworthy as the types of workers identified as exempt from the standard are the types of employees who were not identified. For example, the exemption does...… Continue Reading The post Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions appeared first on California Workplace Law Blog.
    March 29, 2019
  • Payroll Company Not Liable Under Third Party Beneficiary Doctrine

    On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an employee under the applicable...… Continue Reading The post Payroll Company Not Liable Under Third Party Beneficiary Doctrine appeared first on California Workplace Law Blog.
    March 25, 2019
  • Paid Sick Leave Laws May Vary By City

    By now, most employers should be aware of the California Healthy Workplaces, Healthy Family Act which went into effect in 2015.  Under California law, all employers (with very few exceptions), must allow employees to use up to 3 days or 24 hours of paid sick leave in a 12-month period.  However, what many employers do...… Continue Reading The post Paid Sick Leave Laws May Vary By City appeared first on California Workplace Law Blog.
    March 5, 2019
  • Closing the Unequal Pay Gap: California Releases Guidance to Employers on Complying with the California Fair Pay Act

    Since passing the California Fair Pay Act (“CFPA”) on October 6, 2015, California has remained a trailblazer in its efforts to address and decrease gender pay inequity. The CFPA requires all employers pay employees performing “substantially similar work” the same wage regardless of gender, ethnicity or race. The CFPA also requires employers to provide the pay scale...… Continue Reading The post Closing the Unequal Pay Gap: California Releases Guidance to Employers on Complying with the California Fair Pay Act appeared first on California Workplace Law Blog.
    November 27, 2018
  • The Changing Landscape of Sexual Harassment Claims and Mandatory Arbitration Agreements

    The year 2018 has seen significant shifts in the landscape of gender equality and sexual harassment. Complaints of sexual harassment in California nearly doubled in the first three months of 2018. From January through March 2018, the California Department of Fair Employment and Housing received 939 complaints of sexual harassment. This reflects an increase of...… Continue Reading The post The Changing Landscape of Sexual Harassment Claims and Mandatory Arbitration Agreements appeared first on California Workplace Law Blog.
    November 26, 2018
  • New California Law Creates Narrow Rest Break Exemption at Petroleum Facilities

    On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the requirement that employees be relieved of all duties during rest periods. The bill went into effect immediately and will remain in effect until...… Continue Reading The post New California Law Creates Narrow Rest Break Exemption at Petroleum Facilities appeared first on California Workplace Law Blog.
    November 5, 2018
  • Evaluating and Challenging Standing in Fair Credit Reporting Act Actions

    The Ninth Circuit’s recent ruling in Dutta v. State Farm Mutual Automobile Insurance Company highlights the importance of evaluating and potentially challenging a plaintiff’s standing in a Fair Credit Reporting Act (“FCRA”) action. Dutta alleged that, in violation of § 1681b of the FCRA, State Farm failed to provide him with notice of his FCRA...… Continue Reading The post Evaluating and Challenging Standing in Fair Credit Reporting Act Actions appeared first on California Workplace Law Blog.
    August 21, 2018
  • Court Holds that Attorney is Not Bound by Confidentiality Provision

    On August 13, 2018, the California Fourth District of Appeal held in Monster Energy Company v. Schechter that an attorney who signed his client’s settlement agreement under the phrase “approved as to form and content” was entitled to the granting of an anti-SLAPP motion in a case against him for breaching the confidentiality provision of...… Continue Reading The post Court Holds that Attorney is Not Bound by Confidentiality Provision appeared first on California Workplace Law Blog.
    August 20, 2018
  • No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision

    Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides: No deduction is allowed for any settlement or payment related to sexual harassment or sexual abuse if the settlement or payment is subject to a nondisclosure agreement. No deduction is permissible for attorneys’ fees related...… Continue Reading The post No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision appeared first on California Workplace Law Blog.
    August 6, 2018

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