Must 100% of Service Charges Be Distributed to Service Employees? A June 27, 2019 California appellate court decision, O’Grady v. Merchant Exchange Productions, Inc., which recently was certified for publication, has unsettled the area of law regarding service charges and gratuities in the hospitality industry. Except where regulated by a contrary local ordinance such as…

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Overview The California Consumer Privacy Act (the CCPA), effective January 1, 2020, defines sweeping new privacy rights for California residents—including the right to know what personal information businesses are collecting, how the information is used, and the right to request that the information be deleted—and in turn, places significant new responsibilities on businesses. The CCPA…

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On September 12, 2019, the California Supreme Court decided ZB N.A. v. Superior Court and issued a rare win for employers in a year that has brought, among other things, the near-extinction of the independent contractor classification through the expected passage of A.B. 5. Brief Background: The Use of Labor Code Section 558 in PAGA…

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On September 11, 2019, the California Legislature passed Assembly Bill 5, a landmark employment bill that largely codifies the state Supreme Court’s decision in Dynamex Operations West v. Superior Court, which we blogged about here. Although the law has been criticized for numerous industry-specific exemptions, described below, Gov. Gavin Newsom is expected to sign it…

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WHAT TO EXPECT IN CALIFORNIA EMPLOYMENT LAW FOR 2019 In many ways, 2018 was a bellwether year for California employment law, seeing major changes in the laws pertaining to sexual harassment, independent contractors, and a whole host of other issues. Does 2019 hold as many big surprises in store? The short answer: probably not, but…

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