Posted on September 1, 2016
On August 22, 2016, the Ninth Circuit joined the Seventh Circuit and the National Labor Relations Board (NLRB) with their ruling in Morris v. Ernst & Young LLP regarding class action waivers. The court found that arbitration agreements containing class action waivers violated employees' rights to bring class and collective actions against an employer.
Posted on August 10, 2016
Just last week a small majority of the California Supreme Court in Sandquist v. Lebo Automotive, Inc. affirmed the Court of Appeal, holding that as a matter of state contract law, the question of whether the parties to an arbitration agreement agreed to class arbitration is an issue for an arbitrator, rather than court, to decide.
Monday, July 18, 2016, I attended the hearing on Plaintiff Nisei Farmers League's Motion for a Preliminary Injunction in the Fresno Superior Court before Judge Jeffrey Hamilton Jr.
After a three and a half hour hearing, the court took the matter under submission, which means that the court will be issuing a formal written order, probably within the next few days given the impending deadlines. The court did not give any real indication as to which way the court was leaning on issuing the Preliminary Injunction.
Posted on July 1, 2016
This is to update you on the Nisei Farmers League's constitutional challenge to the AB 1513 affirmative defense, and specifically, the deadline to notify DIR of your company's intention to participate in the affirmative defense.
Posted on June 30, 2016
On June 27, 2016, Nisei Farmers League filed a lawsuit against the California Labor and Workforce Development Agency, David Lanier; Department of Industrial Relations, Christine Baker; and the Division of Labor Standards Enforcement, Julie Su alleging that AB 1513 and Labor Code section 226 is unconstitutionally vague and ambiguous. Additionally, the Plaintiff filed an Exparte Application for a preliminary injunction to stay enforcement of AB 1513/Labor Code section 226. The hearing on the Exparte motion is set for this afternoon, June 30, 2016. (See Attached Complaint and related court filings.)
Recently passed ordinances in the cities of San Diego and Los Angeles will soon become effective, leaving employees with higher minimum wages and an increase in paid sick leave time. Both cities are adopting similar, but slightly different, systems that force minimum wages to gradually rise over the next five years and paid sick leave hours increase. This article discusses both cities ordinances and the impact they will have on the employer and employee. It is important to note that despite the new local ordinances, cities must abide by existing state and federal law as well. Where there are differences between the authorities, the employer must follow the law that is most generous and beneficial to the employee.
California recently passed AB 1513, adding section 226.2 to the Labor Code. The law significantly changed the way employers are required to pay piece-rate employees for rest and recovery periods and nonproductive time. Frist and foremost, all piece rate employers should ensure their current piece rate system is legally compliant. In addition, the law provides an affirmative defense to claims for uncompensated or under compensated rest and recovery breaks and nonproductive time. The deadline to take advantage of the affirmative defense is July 1, 2016.
For those of us who must co-parent our children due to divorce or separation, we know that co-parenting skills don't always come naturally. Honing these skills, however, can have a lasting impact on the quality of your relationships with your children, as well as the other parent. Here are five techniques that will help a parent toward improving their co-parenting relationship with the other parent and their children:
It is well settled that an employee claiming violations of the Fair Employment and Housing Act ("FEHA") cannot bring an action against his or her employer if more than one year has passed since the alleged unlawful employment practice. [1]
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