Author Archives: Seth Mehrten

Coronavirus and School and Child-Care Closure Issues

Are Employers Required to Provide Employees With Time Off In Response to School and Child-Care Closures? With so many California schools and businesses closing in response to concerns over the spread of the coronavirus (COVID-19), many California employees are having to find alternative child-care arrangements. Consequently, many employers are wondering how to respond to employees’ […]

New PFL & SDI Brochures Issued by EDD

The EDD Has Updated the Brochures for Paid Family Leave and Disability Insurance Provisions The California Employment Development Department (EDD) has updated two of the brochures that California employers are required to provide employees when appropriate. The first brochure is the Paid Family Leave (DE 2511) brochure, which employers must provide to newly hired employees […]

The Latest From the ALRB

California’s Agricultural Labor Relations Board Requires Agricultural Employers to Walk an Increasingly Fine Line When it comes to employment laws and regulations, California employers operate in the most complex and onerous legal environment in the country. In a perfect world, all employers would have ample time, energy, and resources to comply with every law and […]

Registration for HRPA Certificate Program is Now Open

Registration is Now Open For the 2019 Human Resource Professional in Agriculture (HRPA) Certificate Program We are pleased to announce that registration is now open for the 2019 Human Resource Professional in Agriculture (HRPA) Certificate Program. We invite all HR professionals, and particularly those working in agriculture, to participate in the program and stay current […]

Employees Cannot Sue Their Employer’s Payroll Provider

The California Supreme Court Recently Held That Employees Cannot Sue Their Employer’s Payroll Provider for Wage and Hour Violations Wage and hour lawsuits continue to be one of the most significant sources of liability in any California employer’s operations. According to recent studies, wage and hour lawsuits have increased more than fourfold since the earlier […]

Limo Company Alleges Uber Misclassified Drivers

Limo Company Alleges Uber Illegally Saved $500 Million by Misclassifying Drivers as Independent Contractors A limousine company recently filed a lawsuit against Uber in federal court alleging that Uber misclassified its drivers as independent contractors, to illegally obtain a competitive advantage over its law-abiding competitors (referring to taxi companies and livery services). The limo company […]

Recent Decision Sheds Light on California’s New Independent Contractor Test

Court of Appeal Finds ABC Test Only Applies to Wage-Order Claims Determining whether to classify a worker as an independent contractor or an employee can be tricky business under California law. Add the significant risk associated with misclassifying workers as independent contractors, and the end result is a high stakes game of litigation roulette. Several […]

Mere Knowledge of Missed Meal and Rest Breaks Not Enough to Establish Employer Liability

Employer Knowledge of Employees Skipping Meal and/or Rest Breaks Alone Is Insufficient to Establish Liability California employers, including staffing agencies that provide temporary employees to their clients, are not required to police staff to ensure compliance with meal period obligations or to investigate time records to uncover possible violations.  The California Labor Code guarantees that […]

Jury Awards Diabetic Employee $725,000 in Recent Disability Discrimination Case

Dollar General Discriminated Against a Diabetic Employee by Firing Her for Drinking Orange Juice in Violation of an “Anti-grazing” Policy A federal appellate court recently upheld a $725,000 jury verdict against Dollar General for discriminating against an employee on the basis of her disability. Central to the lawsuit was $3.38 worth of orange juice. This […]