Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

Written by Jeremy Mittman In a case that may be helpful to California companies who engage models or actors for photoshoots, commercials, or advertisements, Walmart prevailed over a model’s California wage claims last week when the Ninth Circuit found in Hill v. Walmart, Inc. that the retailer had a “good faith belief”—and therefore a defense— that it appropriately classified her as an independent contractor. Background … Continue reading Walmart Dodges Claim for “Waiting Time Penalties” Under California Law In Helpful Independent Contractor Law Decision

Cal/OSHA Approves Third Adoption of COVID-19 ETS

Written by Jeremy Mittman and Gary McLaughlin On April 21, Cal/OSHA voted to approve the third adoption of the COVID-19 Emergency Temporary Standard (ETS), which will be effective May, 6, 2022 until December 31, 2022. Our blog posts on the previous versions of the ETS can be found here and here. Significant changes in the third adoption include:  Vaccination status definition removed. In the new … Continue reading Cal/OSHA Approves Third Adoption of COVID-19 ETS

Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

Written by Jeremy Mittman Last week, California’s Department of Industrial Relations released FAQs for the state’s recently enacted 2022 COVID-19 Supplemental Paid Sick Leave law. Highlighted below are several clarifying points from the FAQs. Read our general breakdown of the new law here. Definition of Quarantine or Isolation Period  The FAQs clarify that the guidelines that would apply to determine whether and for how long … Continue reading Update: California Publishes COVID-19 Supplemental Paid Sick Leave FAQs

It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

Written by Jeremy Mittman On February 10, 2022, California Governor Gavin Newsom signed Senate Bill 114 (SB 114), which brings back COVID-19 supplemental paid sick leave, into law. SB 114, which applies to employers with 25 or more employees, will go into effect on February 20, 2022, applies retroactively to January 1, 2022, and will be in effect through September 30, 2022. While the new … Continue reading It’s Back!  COVID-19 Supplemental Paid Sick Leave Returns in California

Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

Written by Jeremy Mittman Last week, the California Supreme Court clarified the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. In its decision, the high court clarified that such claims should not be evaluated under the McDonnell Douglas test, but that the standard set forth in the more employee-friendly California Labor Code section 1102.6 should apply instead. Background In Lawson … Continue reading Employee Whistleblowing Claims under the California Labor Code just got Harder to Defeat 

New Masking Mandate for Los Angeles Employers

Written by Jeremy Mittman Last week, the Los Angeles County Department of Public Health issued a new order amid the rapid spread of the omicron COVID-19 variant. Notably, under the new order employers are required to provide medical-grade masks to their employees who work indoors and in close contact with others as soon as possible, but no later than January 17, 2022. The new rule … Continue reading New Masking Mandate for Los Angeles Employers

CA Governor Newsom Signs Flurry of New Laws

Written by Jeremy Mittman This month, California Governor Gavin Newsom enacted a flurry of new laws that directly impact California employers. Here’s a breakdown of the laws (all of which go into effect on January 1, 2022), and what you need to know: SB 331: Broadly Prohibits Non-Disclosure Clauses in Settlement Agreements Senate Bill 331 expands the limit on non-disclosure clauses in settlement agreements to … Continue reading CA Governor Newsom Signs Flurry of New Laws

Mandatory Arbitration Is On the Ropes Again In California

Ninth Circuit Partially Upholds AB-51’s Attack on Mandatory Arbitration Written by Stephen Rossi and Teresa Greider California’s “AB-51” is a controversial law that limits employers’ ability to enter into arbitration agreements with employees, and provides possible civil and criminal penalties for employers that make arbitration agreements a mandatory condition of employment. In February 2020, a District Court in California issued a preliminary injunction barring the … Continue reading Mandatory Arbitration Is On the Ropes Again In California

California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

Written by Jeremy Mittman The dust is nowhere near settled in the battle over independent contractors in California. In the latest development, a California Superior Court judge ruled last week that Proposition 22 is unconstitutional and unenforceable. Prop 22, which was passed by California voters last November, allows certain “gig economy” workers (app-based delivery and transportation drivers) to be classified as independent contractors instead of … Continue reading California’s Prop 22 Concerning “Gig Economy” Drivers Ruled Unconstitutional by California Court

California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments

Written by Jeremy Mittman & Corey Singer On July 15, 2021, the California Supreme Court settled a longstanding question in Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438, about how an employer must calculate the extra hour of premium pay that California non-exempt employees are owed if a compliant meal or rest break is not provided.  In a significant reversal of prior court rulings, … Continue reading California Supreme Court Holds That Rest And Meal Period Premiums Must Be Calculated In The Same Manner As Overtime Payments