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By: Phillip Maltin


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By: Ricardo Rozen


California Supreme Court Rules Employers Must Pay for Minutes Worked Off-the-Clock

SUMMARY:  Last July, in another blow to employers, the California Supreme Court refused to apply the federal de minimis rule, which states employers do not need to pay employees for insignificant amounts of time spent performing work-related tasks off-the-clock, where tracking such time is difficult.  In that case, the Plaintiff, a shift supervisor at Starbucks, filed a class action lawsuit alleging the company did not compensate him and other employees  . . .

Arbitration In The Workplace, What's New?

SUMMARY:  Two recent appellate court decisions remind employers about California’s commitment to uphold employers’ rights to enforce arbitration agreements.  These cases follow last year’s US Supreme Court decision in the Epic Systems matter and stress the importance of carefully crafting arbitration clauses.  

Business Owners and Managers Face Personal Liability for PAGA Penalties for Labor Code Violations

SUMMARY: Restaurant employees sued their former employer and its individual owner for wage and hour violations under the Private Attorneys General Act (“PAGA”).  The trial Court ruled in favor of the Plaintiffs and awarded over $340,000 in personal liability against the owner, in his individual capacity (of that amount, $315,014 was attributable to the Plaintiffs’ legal fees in the lawsuit) under California Labor Code section 558.1.

Ninth Circuit Ruling Mandates Hyper-Technical Compliance for Background Check Disclosure Forms

SUMMARY:  The Ninth Circuit Court of Appeals recently ruled in favor of a California employee suing her former employer for violations of the laws governing background check disclosure forms.  Federal and California law require stand-alone background check disclosure forms.  Employers who run credit checks, criminal background checks, or other consumer reports . . .


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