By Rabbie Mojaddidi | Published September 29, 2021 | Posted in Contracts, Employment Issues, Employment Law | Tagged Tags: AB 51, arbitration agreements, California Assembly Bill 51, California Labor Code, Fair Employment Housing Act, Federal Arbitration Act | Comments Off on UPDATE: California’s AB 51 and Mandatory Arbitration Agreements
UPDATE: California’s AB 51 and Mandatory Arbitration Agreements
California Assembly Bill 51 Signed into law by Governor Newsom on October 10, 2019, California Assembly Bill 51 (“AB 51”) subjects employers to criminal misdemeanor charges, as well as civil sanctions, for mandating arbitration agreements of certain claims in employment contracts. Under AB 51, which added Section 432.6 to the California Labor Code, employees and job applicants cannot Read More
Read MoreWhat Documents Can Employees Request?
Three California Labor Code sections deal with employment document retention and production. They are as follows: Labor Code §§ 226, 432, and 1198.5. Labor Code § 432 Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by Read More
Read MoreCalifornia’s New COVID-19 Supplemental Paid Sick Leave
This blog provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation. On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) Read More
Read MoreCalifornia Mandates COVID-19 Supplemental Paid Sick Leave Through the End of 2020 for Employers with 500 or More Employees in the U.S.
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which, among other things, provides COVID-19 supplemental paid sick leave for every California employee who is not otherwise covered by the Families First Coronavirus Response Act (“FFCRA”). The law applies to employers with over 500 employees as well as public and private employers Read More
Read More2 Things To Know About California’s New Independent Contractor Rules
On September 18, 2019, California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies the ABC test set forth by the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018) and expanded its applicability. It expands the ABC test for independent Read More
Read MoreDon’t Wait Until It’s Too Late to Correct Your Piece-Rate
When compensating employees under a piece-rate structure, employers must be aware of its nuances. Nonproductive Time One of the first compensation requirements for piece-rate, is there must be a separate payment for nonproductive time unless the employee is paid a base minimum wage for all hours worked. If you are asking yourself, “What is nonproductive Read More
Read MoreHave you Received a Notice from the Labor Commissioner About an Employee Suing You?
Many California employers have received a notice of conference from the labor commissioner. This is because California employees or former employees can bring their wage and hour claims before the state’s Division of Labor Standards Enforcement (DLSE). The DLSE enforces California’s labor laws and wage orders. Under the California labor code, the labor commissioner (who Read More
Read MoreWhether Continued Employment is Acceptance of an Arbitration Agreement?
When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain that the employee has impliedly consented to the arbitration agreement? In Diaz v. Sohnen Enterprises, this exact question arose. There, all employees of Sohnen Enterprises Read More
Read MoreEmployer Unintentional Failure to Ensure Wage Statements Comply with the CA Labor Code Can Equate to Costly Penalties Under PAGA
It goes without saying, being an employer is California is tough. There are countless laws in California pertaining to employee wages that must be complied with or the employer may be subject to significant penalties. Employers should be on notice that due to a recent decision of the California Court of Appeals, no intent or Read More
Read MoreCalifornia Further Restricts Employers Trying to Enforce Non-Competes
Companies that have headquarters outside of the Golden State typically have employment contracts that purportedly are governed by the substantive law of the state in which the enterprise is headquartered. Even when the company hires workers who live and work in California, the choice of law provision in an employment agreement generally reigned. While this may Read More
Read More
