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Hazel U. PoeiBlog Posts

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  • Class Action Waivers Remain Inapplicable to PAGA Claims

    The U.S. Supreme Court’s recent ruling that class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA) does not extend to claims under the California Private Attorneys General Act (PAGA). Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National...… Continue Reading The post Class Action Waivers Remain Inapplicable to PAGA Claims appeared first on California Workplace Law Blog.
    May 29, 2018
  • Does The De Minimis Defense Apply To California Labor Code Claims?

    The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that are currently treated as insignificant and not compensable. The de minimis doctrine, an established defense under the Fair Labor Standards Act (“FLSA”), permits...… Continue Reading The post Does The <em>De Minimis</em> Defense Apply To California Labor Code Claims? appeared first on California Workplace Law Blog.
    May 16, 2018
  • California Supreme Court Applies “ABC” Test When Assessing Independent Contractor Status

    The California Supreme Court, in Dynamex Operations v. Superior Court, held that for purposes of claims under the California Wage Orders “engage, suffer or permit to work” determines employee status, thus requiring a defendant who disputes that a worker is an employee (rather than an independent contractor) to prove (A) the worker is free from...… Continue Reading The post California Supreme Court Applies “ABC” Test When Assessing Independent Contractor Status appeared first on California Workplace Law Blog.
    May 7, 2018
  • Plaintiffs Cannot Bring PAGA Claims If They Fail to Give Notice of a Representative Action

    In Hamid H. Khan v. Dunn-Edwards Corporation (January 4, 2018), the California Court of Appeal for the Second Appellate District held that the plaintiff failed to comply with required administrative procedures prior to bringing a claim under the California Private Attorneys General Act (“PAGA”) because he failed to provide sufficient notice to the California Labor...… Continue Reading The post Plaintiffs Cannot Bring PAGA Claims If They Fail to Give Notice of a Representative Action appeared first on California Workplace Law Blog.
    March 8, 2018
  • California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable

    In Lawson v. ZB, N.A. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated assessments – are indivisible. Because a claim under Labor Code § 558 is indivisible and it is a civil penalty...… Continue Reading The post California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable appeared first on California Workplace Law Blog.
    February 28, 2018
  • Employers Required to Post Transgender Rights in the Workplace Posters

    Effective January 1, 2018, the California Department of Fair Employment and Housing (DFEH) requires employers with 5 or more employees to post Transgender Rights in the Workplace Posters which may be accessed here. The posting obligation is not met by prior versions of the poster. The Transgender Rights in the Workplace poster provides information regarding transgender...… Continue Reading The post Employers Required to Post Transgender Rights in the Workplace Posters appeared first on California Workplace Law Blog.
    February 28, 2018
  • Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements

    In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat the growing trend of wage and hour lawsuits in California. In granting defendant Kiewit Infrastructure West Co. (“Kiewit”) motion for summary judgment...… Continue Reading The post Exemption, Not Pre-Emption: California Federal Court Clarifies Meal and Rest Break Rules May Be Exempt From Labor Code Enforcement For Employers With Valid Collective Bargaining Agreements appeared first on California Workplace Law Blog.
    February 14, 2018
  • California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection

    California’s public and private employers are prohibited from voluntarily consenting to a federal immigration enforcement agent’s request to enter nonpublic areas in the workplace or to voluntarily allow the agent access to employee records unless the agent provides a judicial warrant. Labor Code 90.2(a)(1). Employers also must provide notice to employees, called a Pre-Inspection Notice....… Continue Reading The post California Labor Department Releases Form for Employers Responding to Immigration Agency Inspection appeared first on California Workplace Law Blog.
    February 9, 2018
  • SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws

    Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the retaliation provisions of the Labor Code. Specifically: The Labor Commissioner will be authorized to conduct an investigation of an...… Continue Reading The post SB 306 Expands Labor Commissioner’s Powers to Enforce Anti-Retaliation Laws appeared first on California Workplace Law Blog.
    November 27, 2017
  • California Shields Workers from Immigration Enforcement While On The Job

    Effective January 1, 2018, new obligations will be imposed on California employers to shield their employees from immigration enforcement efforts in the workplace. Governor Jerry Brown signed AB 450 along with Senate Bill 54, a “sanctuary state” legislation that limits California state and local law enforcement agencies’ authority to hold, question, and transfer individuals at...… Continue Reading The post California Shields Workers from Immigration Enforcement While On The Job appeared first on California Workplace Law Blog.
    November 7, 2017

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