Tag Archives: California

Can “Child’s Pose” Relieve Bikram Yoga Guru’s Stress After His January 25 California Court Double-Whammy?

I first encountered Bikram Choudhury 10 years ago (okay more like 15, but who’s counting) at his Bikram Yoga College on La Cienega Blvd. in L.A. when trying out his quintessential hot yoga class. He was memorable, parading around in Speedo-like short-shorts on a small stage in front of the class, shouting yoga commands. Given … Continue Reading

California Alert: Governor signs amendments to new paid sick leave law – changes effective immediately

California employers, take note.  Emergency legislation amending and clarifying certain provisions of the recently-effective Healthy Workplaces, Healthy Families Act was signed into law Monday (July 13) by Governor Brown, and went into effect immediately.  Among other changes, AB 304 amends the Act as follows: Regarding accrual of sick leave: Provides that an employer may use … Continue Reading

California Labor Commissioner Puts the Brakes on Uber

Agency says drivers are employees, not independent contractors In a move that could potentially disrupt a burgeoning industry, a hearing officer for the California Labor Commissioner decided earlier this month that a former Uber driver is an employee under California law, not – as Uber contends – an independent contractor.  (For those not familiar with … Continue Reading

That Delaware choice of law provision might not save your non-compete, at least when California is involved

Last week, the Delaware Chancery Court in Ascension Insurance Holdings, LLC v. Underwood refused to grant injunctive relief to a Delaware company seeking to enforce a non-compete agreement against a California resident.  In that case, Mr. Underwood, a California resident, participated in a sale of business assets and their associated goodwill to the Delaware company.  … Continue Reading

US California Supreme Court Says Class Action Waivers in Arbitration Agreements Okay, but No Waiver of Private Attorneys General Act Claims

In a long-awaited decision that employers hoped would clarify the enforceability of arbitration agreements under California law, the California Supreme Court in Iskanian v. CLS Transportation [PDF] split on the two issues before it.  The California high court held that class action waivers in arbitration agreements are enforceable but that waivers of claims under the … Continue Reading

California High Court Clarifies Employer Obligations to Provide Paid Rest Periods and Unpaid Meal Breaks

In a decision employers have been anticipating since 2008, the California Supreme Court has clarified key aspects of the state’s laws regarding paid rest periods and unpaid, duty free, meal breaks for non-exempt employees.  In Brinker Restaurant Corporation v. Superior Court, the high court examined exactly how many 10-minute paid rest periods non-exempt employees are … Continue Reading

California State Form Creating Concern About “At Will” Status of Employees

A new model wage disclosure form issued by the California Labor Commissioner may create ambiguity about whether individuals are employed “at will” or under a contract requiring good reason for termination.  The problem arises in the wake of the state’s Wage Theft Prevention Act which went into effect on January 1, 2012.  The law requires … Continue Reading

A Reflection on California’s New Employment Laws, Part III

As previously reported here, new laws signed by the Governor will become effective beginning January 1, 2012, and employers should be aware of these new legal requirements including the following: Assembly Bill 1136: IIPP Update for Health Care Facility Employers (Effective Jan. 1, 2012):  AB 1136 [pdf] requires a health care facility employer to update … Continue Reading

A Reflection on California’s New Employment Laws, Part II

As previously reported here, California employers should gear up for additional legal requirements beginning next year including the following regarding compensation and classification of employees: Senate Bill 459:  Penalties for Misclassification of Employees as Independent Contractors (Effective Jan. 1, 2012):  Take note of SB 459.  During recent years, there has been nationwide scrutiny, at both … Continue Reading

“The more laws are written, the more criminals are produced.” – Lao Tzu: A Reflection on California’s New Employment Laws, Part I

California’s governor recently approved almost two dozen new employment-related laws.  Employers with any employees in California should consider whether the laws will impact their business operations.  Those most likely to appreciably affect employers will be summarized in this three part series: Senate Bill 299 and Assembly Bill 592:  Additional Pregnancy Disability and Leave-Related Protections  (Both … Continue Reading

California Poised to Raise the Stakes for Misclassifying Employees as Contractors and Failure to Pay Wages Properly

The California legislature passed two new laws employers should not ignore.  SB 459, now awaiting Governor Brown’s signature to go into law, imposes additional penalties against employers who are found to have willfully misclassified independent contractors.  Willful misclassification is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as … Continue Reading
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