Irvine Legal Blog

California Supreme Court Holds No Wage Recovery in PAGA Claims

By: Kyle D. Kring and Kerri N. Polizzi

On September 12, 2019, the California Supreme Court in ZB, N.A., et al. v. Superior Court, No. S246711, firmly held that employees cannot collect unpaid wages under the Private Attorneys General Act (commonly known as "PAGA"). This surprising decision curtails one avenue PAGA plaintiffs and their attorneys used as a workaround when faced with enforceable arbitration agreements containing class action waivers.

As Expected, Govenor Newsom Immediately Signed Assembly Bill 5 Which Now Affects Independent Contractor Classification

By: Huy M. Tran and Kerri N. Polizzi

The following is an update from our article last week. [http://www.kringandchung.com/blog/2019/09/california-legislature-passes-new-bill-affecting-independent-contractor-classification.shtml]

On September 16, 2019, Assembly Bill 5 (AB-5) was enrolled and placed on Governor Newsom's desk. As predicted, on September 18, 2019, Governor Newsom signed AB-5 in a private ceremony in his state Capitol office.

Employment Associates Attend 2019 Caterina's Club Gala

This past weekend, three of our Employment Associates attended the 2019 Caterina's Club Red Carpet Gala. Kring & Chung, LLP is proud to support Caterina's Club's mission of providing access to nutritional food, stable housing, and job training for youth.

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California Legislature Passes New Bill Affecting Independent Contractor Classification

By: Huy M. Tran and Kerri N. Polizzi

On Wednesday, September 11, 2019, the California legislature passed a landmark bill known as Assembly Bill 5 (AB-5) that will reshape many companies' ability to classify workers as independent contractor. Most notably, the bill directly targets Uber and Lyft's classification of their drivers. AB-5 is now en route to the desk of Governor Newsome, whose signature would solidify the new law.

California Governor Extends Sexual Harassment Training Requirement Deadline

By: Tyler D. Kring

California Governor Gavin Newsom signed Senate Bill (SB) 778 on August 30, 2019, amending Government Code Section 12950.1. The Governor's signature extends the deadline for California employers to comply with sexual harassment training requirements for non-supervisory employees from January 1, 2020 to January 1, 2021.

As you may recall, fellow Associate Kerri N. Polizzi published an article titled "Getting a Jump Start on Compliance with California's Growing Sexual Harassment Training Mandate" explaining SB 1343's new requirements for employers with five (5) or more employee to provide at least two (2) hours of sexual harassment, abusive conduct, and gender harassment training to all supervisory employees, and one (1) hour of such training to all non-supervisory employees.

Racial Discrimination Based on Hairstyle Now Prohibited in California

By: Tyler D. Kring

On nearly a daily basis, our firm analyzes claims related to alleged "discrimination" in the workplace. Routinely, we must clarify the difference between what an individual believes to be discrimination and what California labor law says is illegal discrimination.

The California Department of Fair Employment and Housing ("DFEH") enforces laws that protect individuals from illegal discrimination and harassment in the workplace through the Fair Employment and Housing Act ("FEHA"). In order to be considered illegal, FEHA requires that such discrimination be based off an individual's actual or perceived protected category. For quite some time, such protected categories were limited to ancestry, age, disability, marital status, national origin, race, religion, sex/gender, among a few others.

Tyler Kring Sworn in to State Bar

Tyler Kring Sworn in to State Bar

Ty Kyle Judge

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Congratulations to Tyler Kring who was sworn in as a member of the California state bar yesterday. Hon. Gregory Lewis of the Orange County Superior Court administered the oath while the courtroom was filled with many of Tyler's Kring & Chung colleagues including his father, Kyle Kring. The swearing in of our new lawyers is always a special occasion.

We look forward to Tyler Kring becoming our newest employment law associate.

The Return of 'No-Match' Letters: How Employers Should Respond

By: Kyle D. Kring

The Social Security Administration ("SSA") has once again begun issuing employers "Request for Employer Information" letters, better known as "No-Match" letters (view sample letter here). The SSA sends no-match letters to those employers identified as having at least one name and Social Security Number ("SSN") combination submitted on Form W-2 that do not match SSA records.

Revisiting Augustus v. ABM Security Services, Inc.; Whether California Employers May Require Non-Exempt Employees Remain On-Site During Rest Periods

By: Allyson K. Thompson

As our firm discussed in a previous publication titled California Prohibits On-Duty and On-Call Rest Periods, the Supreme Court of California ruled that employers may not require their employees to remain "on-call" during rest periods. The Court noted that, "state law prohibits on-duty and on-call rest periods" and "during rest periods, employers must relieve their employee of all duties and relinquish any control over how employees spend their break time."

Getting a Jump Start on Compliance with California's Growing Sexual Harassment Training Mandate

By: Kerri N. Polizzi

California employers with 50 or more employees have long been required to provide at least two hours of sexual harassment prevention training to supervisors and managers. Specifically, since 2005 any employer with "supervisory authority" is required to be trained within six months of being hired to or promoted to a supervisory position and every two years thereafter.

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