Tag Archives: California

May 6, 2020

California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown Continue Reading…

By Michael S. Kun of Epstein Becker & Green

For those of you who may have been wondering whether the California Attorney General’s office was still open during the statewide stay-at-home order triggered by the coronavirus, the answer is yes – as evidenced by a statewide misclassification lawsuit filed in San Francisco by the Attorney General, along with the city attorneys for Los Angeles, San Francisco and San Diego.

The lawsuit alleges that ride share companies have unlawfully misclassified drivers as independent contractors under AB 5, the controversial statute that went into effect on January 1, 2020.

Posted in Labor & Employment

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March 24, 2020

COVID-19 Questions And Issues

By Stradling Yocca Carlson & Rauth

Below is a summary of questions and issues that our clients have been dealing with in response to COVID-19. This Alert cannot address all COVID-19 issues as the circumstances of each company vary and the situation continues to evolve. Stradling has a multi-disciplinary group of attorneys ready to respond to your needs and we encourage you to reach out if you have any questions or are looking for guidance on these developing issues. Read more…

Posted in Labor & Employment

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March 24, 2020

Federal Paid Sick Leave Passed By The Senate California Suspends Warn Act Orange County Reigns In Shelter-In-Place Order

By Stradling Yocca Carlson & Rauth

Developments around the COVID-19 pandemic continue to move fast and significant changes in the relevant laws continue to evolve. This Client Alert covers three recent developments, including the passage by the United States Senate of the Families First Coronavirus Response Act, California’s temporary suspension of the California WARN Act, and significant softening of the Orange County Public Health shelter-in-place regulations. As always, we encourage you to reach out to any member of team listed at the end of this Alert with any questions you may have on these fast moving topics. Read more…

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March 24, 2020

Client Alert #3 – California’s Statewide Stay At Home Order and Other Updates

By Stradling Yocca Carlson & Rauth

Stradling continues to monitor developments related to the COVID-19 pandemic and provide guidance to clients during these challenging times. The most important issue discussed in this Alert is the statewide “stay at home” Executive Order issued by Governor Newsom last night. Read more…

Posted in Labor & Employment

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August 29, 2019

Ninth Circuit Rules That California Home Care Workers Can Sue LA County For Unpaid Overtime

By Adriana Galindo of Epstein Becker & Green

On August 22, 2019, in Trina Ray et al. v. County of Los Angeles and Trina Ray et al. v. Los Angeles County Department of Public Social Services, Case Numbers 17-56581 and 18-55276, the U.S. Court of Appeals for the Ninth Circuit ruled that home care workers may sue Los Angeles County for unpaid overtime under the Fair Labor Standards Act (“FLSA”).

Posted in News | North America

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August 23, 2019

State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate—Again

By Tzvia Feiertag and Rina Fujii of Epstein Becker & Green

As discussed in our March 28, 2019 blog post, New Jersey adopted its own individual health insurance mandate, the New Jersey Health Insurance Market Preservation Act (“NJHIMPA”). The NJHIMPA requires, with certain qualifying exemptions, New Jersey residents to have minimum essential health coverage. New Jersey employers must verify health coverage information provided by individuals. To assist with employer reporting, New Jersey launched an official website with guidance on the filing requirements.

Posted in Legal Updates | North America

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August 5, 2019

New York Joins the Wave of States Requiring Businesses to Adopt Reasonable Cybersecurity Safeguards to Protect Private Information

By Brian G. Cesaratto of Epstein Becker & Green

New York is the latest state to adopt a law that requires businesses that collect private information on its residents to implement reasonable cybersecurity safeguards to protect that information. New York now joins California, Massachusetts and Colorado in setting these standards. New York’s law mandates the implementation of a data security program, including measures such as risk assessments, workforce training and incident response planning and testing. Businesses should immediately begin the process to comply with the Act’s requirements effective March 21, 2020. Notably, New York’s law covers all employers, individuals or organizations, regardless of size or location, which collect private information on New York State residents.

Posted in Legal Updates | North America

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August 5, 2019

The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers

By Kevin Sullivan of Epstein Becker & Green

Given the prevalence of wage-hour class actions filed against California employers, the Ninth Circuit Court of Appeals from time to time asks the California Supreme Court to clarify certain California wage-hour laws. Last week, the Ninth Circuit asked again in Cole v. CRST Van Expedited, Inc., seeking clarification on the following two questions:

Posted in News | North America

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August 2, 2019

Time Is Money: A Quick Wage-Hour Tip on… California Meal and Rest Period Requirements

By Kevin Sullivan of Epstein Becker & Green

More than seven years ago in Brinker Restaurant Corp. v. Superior Court, the California Supreme Court clarified many of the general requirements for meal and rest periods under California law. Nothing the California Supreme Court said has slowed the filing of meal and rest period class actions against employers doing business in the state.

Posted in News | North America

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July 23, 2019

California Supreme Court Asked to Decide Whether Dynamex is Retroactive

By David M. Prager of Epstein Becker & Green

As we have previously written, the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California should be classified as employees or as independent contractors for purposes of the wage orders adopted by California’s Industrial Welfare Commission. A significant question left open by that ruling was whether Dynamex would apply retroactively.

Posted in News | North America

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About the ILN

Tag Archives: California

California Attorney General’s Misclassification Suit Against Ride Share Companies Sets the Stage for a November Showdown Continue Reading…

COVID-19 Questions And Issues

Federal Paid Sick Leave Passed By The Senate California Suspends Warn Act Orange County Reigns In Shelter-In-Place Order

Client Alert #3 – California’s Statewide Stay At Home Order and Other Updates

State Updates Website on Employer Reporting for New Jersey Health Insurance Mandate—Again

New York Joins the Wave of States Requiring Businesses to Adopt Reasonable Cybersecurity Safeguards to Protect Private Information

The Ninth Circuit’s Request That the California Supreme Court Clarify Meal and Rest Period Requirements May Have a Tremendous Impact Upon Employers

Time Is Money: A Quick Wage-Hour Tip on… California Meal and Rest Period Requirements

California Supreme Court Asked to Decide Whether Dynamex is Retroactive

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