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…

Read More ›

TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NUMBER 1 – DYNAMEX TURNS THE WORLD OF INDEPENDENT CONTRACTOR LAW UPSIDE DOWN To be honest, there was no contest for the top development in California employment law in 2018. It was a runaway, and chances are if you asked any employment lawyer, plaintiff or defense side, they…

Read More ›

TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 2: ARBITRATION AGREEMENTS GAIN STRENGTH — A POWERFUL DEFENSE AGAINST CLASS ACTIONS Background Contractual arbitration is essentially private court; it is an agreement by the parties to submit disputes to binding arbitration before a neutral arbitrator (often a retired judge), rather than to pursue such claims in…

Read More ›

TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 3 – MINUTES COUNT: THE FLSA’S DE MINIMIS DOCTRINE DOES NOT APPLY IN CA California employers have long relied on federal doctrines such as the de minimis rule, which excuses employers from compensating employees for very small amounts of time worked off the clock, when creating their…

Read More ›

TOP 10 EMPLOYMENT LAW DEVELOPMENTS OF 2018: NO. 4 – CA APPELLATE COURT LIMITS SCOPE OF DERIVATIVE WAGE STATEMENT LIABILITY California class action plaintiffs alleging various wage and hour claims often tack on a derivative wage statement claim under Labor Code section 226. The theory behind a derivative wage statement claim is that if an…

Read More ›