On March 18, 2020, the U. S. Senate passed HR 6201, a bill passed in the House of Representatives on March 16, 2020. This bill enacts a number of emergency relief measures related to the COVID-19 pandemic. This legal alert focuses on two aspects of the bill: the “Emergency Family and Medical Leave Expansion Act,” […]
In Frlekin, et al. v. Apple, Inc. (2020) S243805, the California Supreme Court held that California’s Industrial Welfare Commission Wage Order No. 7-2001 (“Wage Order 7”) requires employers to pay their employees for the time spent having their belongings searched at the end of a shift. The class action law suit was filed by California […]
In Lopez v. Friant & Associates, LLC, the Court of Appeal of the First District recently addressed a relatively narrow issue, but one that is relevant to all employers – wage statement violations. This decision is a blow to employers as it allows employees to establish liability for wage statement violations under PAGA without showing injury […]
A number of new laws impacting the workplace were enacted by the California Legislature in 2016. Kronick has prepared a summary of these new laws. The areas covered include: Minimum Wage Laws, Other Wage/Hour Legislation, Labor Relations, Immigration-Related Practices, Employment, Discrimination, Benefits, Workplace Safety, Facilities, Employee Leaves, and Recordkeeping. Please joing Kronick’s Labor & Employment group […]
On May 18, 2016, the Department of Labor ("DOL") announced changes to the overtime rules of the Fair Labor Standards Act (“FLSA”). The DOL’s "Final Rule" substantially impacts the classification of employees as “exempt” under the so-called "white collar" exemptions (executive, administrative, or professional). DOL’s new rules dramatically increases the minimum compensation threshold for classifying […]
The National Labor Relations Board (NLRB) has redefined the test for determining whether two separate and independent entities can be considered “joint employers” of certain employees, which potentially exposes entities to new joint-bargaining obligations and joint liability for unfair labor practices and breaches of collective-bargaining agreements. In Browning-Ferris Industries of California (2015) 362 NLRB 186, […]
In Gerard v. Orange Coast Memorial Medical Center, California's Fourth District Court of Appeal invalidated a portion of Industrial Wage Commission Order No. 5, the wage order applicable to employees working in hospitals, assisted living facilities, and similar health care establishments, which permitted those employees to waive their second meal period if they worked shifts […]
In Mendiola et al v. CPS Security Solutions, et al., (2015) 2015 WL 107082, the California Supreme Court held that security guards at a construction site were entitled to compensation for all on-call hours spent at their assigned worksites, including sleeping time, as they were under their employer’s control for the entirety of the on-call […]
This update of school district labor and employment related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws are effective January 1, 2015, unless otherwise stated. Teacher Termination Reform Bill – AB 215 AB 215 creates a […]
In Indio Police Command Unit Association, et al., v. City of Indio, et al. (— Cal.Rptr.3d —, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act ("MMBA") (Gov. Code § 3500.5 et seq.) in the context of a police department management reorganization. The City and the Indio […]