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Dale R. KuykendallBlog Posts

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Balancing Client Needs with Employee Needs

A decision out of the Northern District of California serves as a reminder that service industries need to carefully balance their commitment to client care with wage and hour obligations. A case manager at a large medical facility filed a class action claim under the California Private Attorneys General Act (“PAGA”) against the facility for...… Continue Reading The post Balancing Client Needs with Employee Needs appeared first on California Workplace Law Blog.
April 18, 2018

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

Is Your Piece Rate Plan Up To Date?

A piece rate exists where an employee is paid a fixed amount for each unit produced or action performed. Industries that commonly use piece rates include agriculture, automobile repair, trucking, manufacturing, and call centers. A new law went into effect this year requiring employers to provide additional pay for rest periods and recovery periods to … Continue Reading The post Is Your Piece Rate Plan Up To Date? appeared first on California Workplace Law Blog.
April 26, 2017

New Regulations Further Limit Use of Criminal History for Employment Decisions

Effective July 1, 2017, new regulations will further limit employers’ ability to consider criminal history when making employment decisions. On March 27, 2017, the Office of Administrative Law approved the Fair Employment Housing Counsel’s new regulations clarifying existing limitations on criminal background checks and, in large part, conforming to the Equal Employment Commission’s position that … Continue Reading The post New Regulations Further Limit Use of Criminal History for Employment Decisions appeared first on California Workplace Law Blog.
April 25, 2017

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v. Safeway, Inc.,  No. B258732 (Cal. Ct. App. Apr. 4, 2017). A group of assistant store managers claimed they should have … Continue Reading The post Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities appeared first on California Workplace Law Blog.
April 21, 2017

SB 1241: Forum Selection and Choice of Law Clauses The Long Arm of California Law Just Got Longer

For employers with California employees, there seems to be no way to avoid California’s complicated and protective employment laws, and things just got a bit more complicated. On September 25, 2016, Governor Brown signed into law SB 1241, which prohibits employers from requiring California employees to litigate or arbitrate employment disputes outside of California or … Continue Reading The post SB 1241: Forum Selection and Choice of Law Clauses The Long Arm of California Law Just Got Longer appeared first on California Workplace Law Blog.
October 25, 2016

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

Employers Beware of Phishing Scams

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 amid reports that Sprouts’ employees … Continue Reading The post Employers Beware of Phishing Scams appeared first on California Workplace Law Blog.
May 3, 2016

WHAT’S ON YOUR WAGE STATEMENTS?

California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, … Continue Reading The post WHAT’S ON YOUR WAGE STATEMENTS? appeared first on California Workplace Law Blog.
April 28, 2016

California Teacher Tenure Laws Upheld by Appellate Court

Overturning a trial court ruling, the California Court of Appeal for the Second Appellate District held that teacher tenure laws are constitutional in the case of Vergara v. State of California, decided April 14, 2016. The case involves nine public school students who challenged several provisions of California’s Education Code that govern K-12 public school … Continue Reading The post California Teacher Tenure Laws Upheld by Appellate Court appeared first on California Workplace Law Blog.
April 21, 2016

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