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Calvin House
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How an $80 Mistake Became an $88,410 Mistake
First District Court of Appeal California's Labor Code is full of technical requirements that can trip up even those employers who are trying to comply with their obligations. And, because of the monetary penalties and attorney's fees that can be assessed f...
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Federal "De Minimis" Doctrine Does Not Apply to Wage Claims under California Law
In Anderson v. Mt. Clemens Pottery Co. , 328 U.S. 680 (1946), the U.S. Supreme Court ruled that insubstantial and insignificant amounts of time spent on preliminary work activities could be ignored in calculating whether an employee had worked more than 40 ...
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Federal Court Enjoins Portions of AB 450
Sacramento Federal Courthouse AB 450 was part of the "Sanctuary State" measures signed into law by Governor Brown on October 5, 2017. (The other measures were SB 54 , restricting the sharing of information by law enforcement agencies, and AB 103 , dealing w...
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The ABC's of Employment
The California Supreme Court has handed down an important decision that explains how to distinguish between an employee and an independent contractor, for purposes of enforcing California's wage orders. In Dynamex Operations West, Inc. v. Superior Court , C...
The ABC's of Employment
The ABC's of Employment
gphlawyers.blogspot.com
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Discouraging Employee Departures
Because employers invest money in hiring, training and developing their employees, they would like their employees to remain in their employ. You know how it goes. You spend time and money on recruiting the best candidates. Then, you teach the ones you hire...
Discouraging Employee Departures
Discouraging Employee Departures
gphlawyers.blogspot.com
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Joint Employer Responsibility for Meal Periods
A recent decision from the California Court of Appeal explains how a staffing agency may satisfy its obligation to its employees to provide meal periods in accordance with the California wage orders. See Serrano v. Aerotek, Inc. , Case No. A149187 (1st Dist...
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The Ninth Circuit streams and archives oral arguments on YouTube. Take a look.
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DOL Abandons 6-Factor Internship Test
The U.S. Department of Labor has updated its fact sheet on internship programs to adopt the "primary beneficiary" test followed by the Second, Sixth, Ninth and Eleventh Circuit Courts of Appeals. It previously used a six-factor text that refused to allow un...
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Wellness Programs May Have to Adjust
A federal district court decision may bring changes to employer wellness programs. Current federal regulations allow employers to offer an incentive of up to 30 percent off the employee portion of group health program premiums to employees who participate i...
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Joint Employment Revisited
A new California statute that imposes liability on general contractors for unpaid wages of their sub-contractors employees prompts us to revisit the principles of joint employment. For previous posts on the topic, click here . The new statute, AB 1701 , pro...
Joint Employment Revisited
Joint Employment Revisited
gphlawyers.blogspot.com
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