Legal Updates Blog

California Court of Appeal Upholds Car Dealership’s “Disturbing” Arbitration Agreement Over the California DLSE Process for Unpaid Wages

California Court of Appeal Upholds Car Dealership’s “Disturbing” Arbitration Agreement Over the California DLSE Process for Unpaid Wages On August 21, 2017, the First Appellate District in California issued a decision in OTO, LLC. v. Ken Kho, granting a car dealership’s petition to compel arbitration of a complaint filed by a  former employee. In OTO, LLC […]

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September 21, 2017 Seminar: Human Resources Policies and Updates on Heath Care Reform

Date: Thursday, September 21, 2017 Time: 8:00 AM – Registration/Meet & Greet 8:30 AM – Catered Breakfast followed by Seminars 10:30 AM – Program concludes Location: Whitney Oaks Golf Club clubhouse, 2305 Clubhouse Drive, Rocklin, CA 95765 Palmer Kazanjian will be providing a seminar on Human Resources Policies and Updates on Health CareReform in partnership with Eureka Insurance Solutions. The […]

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FEHA Criminal Background Check Updates

Amended Regulations under California’s Fair Employment and Housing Act Provide Greater Protection for Employees and Applicants with Criminal History Friday, July 21, 2017 The California Fair Employment and Housing Council (referred to as FEHC hereafter) recently adopted regulations that add restrictions to an employers’ consideration of criminal history for employees or applicants. The updates went […]

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June 15, 2017 Employment and Immigration Law Basics for Business Owners

Date: June 15, 2017 Time: Presentation: 8:30AM to 10:30AM Location: 2277 Fair Oaks Blvd., Suite 455 Sacramento, CA 95825 Palmer Kazanjian will be providing a seminar on Employment and Immigration Law Basics for Business Owners seminar in partnership with Wilner & O’Reilly, APLC.   The session will be presented by Treaver Hodson, partner at Palmer Kazanjian Wohl Hodson LLP and Michael Wang, Managing Attorney at Wilner […]

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Court Affirms Jury Verdict in Favor of Police Recruits Who Brought Claim Against the City of Los Angeles for Failure to Provide a Reasonable Accommodation

In Atkins v. City of Los Angeles (CA2/7 B257890 2/14/17), the California Court of Appeal for the Second Appellate District recently upheld a jury’s finding that the City of Los Angeles failed to provide reasonable accommodations to recruits from the City Police Academy in violation of the Fair Employment and Housing Act (“FEHA”). The five recruits […]

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Employer’s Obligation to Separately Compensate Rest Periods for Commission-Based Employees

The California Court of Appeal for the Second District ruled in Vaquero v. Stoneledge Furniture LLC that workers paid on a commission basis must be separately compensated for legally required rest periods.1 Coupled with the California Supreme Court’s ruling late last year in Augustus v. ABM prohibiting on-call rest periods, it is more important than […]

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May 16, 2017-Seminar: Employment Law for Healthcare Practice Owners

Date: Tuesday, May 16th, 2017 Time: Presentation: 6:30PM to 7:30PM Location: El Dorado Hills, CA 95762 Palmer Kazanjian will be providing a seminar on Employment Law Issues for Healthcare Practice Owners in partnership with Robert Sanders, Attorney at Law, Inc.  The session will be presented by Treaver Hodson, partner at Palmer Kazanjian Wohl Hodson LLP. The following topics will be covered: […]

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Employment and Labor Law Updates for 2017

  With the end of 2016 also came the end of yet another legislative term, providing a multitude of new laws, which took effect January 1, 2017 (unless otherwise specified). This article provides a survey of the new laws by category, including health and safety, public works, discrimination, leaves, contingent workforce, wage and hour, and […]

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California On-Duty Meal Period and Rest Period Update

Recent California court decisions provide additional guidance regarding the propriety of offered meal and rest periods in California.  In general, employers are required to authorize and provide meal and rest periods to non-exempt employees.  Under the applicable California Industrial Welfare Commission (IWC) Wage Orders, employers must provide a paid rest period of at least ten […]

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Texas Judge Issues Nationwide Injunction Blocking Expansion of the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) requires employees to be paid the federal minimum wage for all hours worked and overtime pay for all hours worked exceeding forty in a week. The FLSA also contains a number of exemptions to the overtime requirement. The most common exemption involves “any employee employed in a bona fide […]

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Final Rule Impacts Domestic and Household Workers

When the federal Fair Labor Standards Act (FLSA) was enacted, it did not apply to workers who were employed directly by households and performed domestic service work, such as cooking, housekeeping, cleaning, and gardening. In 1974, Congress explicitly extended many of the protections of the FLSA to “domestic service” employees. However, Congress left exempt from the […]

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EEOC’s Guidance on Leave as a Reasonable Accommodation

On May 9, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a resource document in an effort to address continued EEOC “charges indicating that some employers may be unaware of Commission positions about leave under the Americans with Disabilities Act (“ADA”).” (EEOC, Employer-Provided Leave and the Americans with Disabilities Act, May 9, 2016, available at […]

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Developing Joint Employment Under Federal Labor Laws

Earlier this year, the Department of Labor’s Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2016-1, an interpretive memorandum (“memorandum”) providing clarification to employers on whether a joint employment relationship exists when two or more businesses share the same worker.  The memorandum provides the WHD’s opinion of when employers may be considered joint employers […]

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Recommended Employment Practices to Minimize Risk and Liability

To Our Clients and Business Associates: Over the years, as we have represented employers and management in labor and employment related legal matters, we have discovered a few practices that help keep employers from costly disputes and litigation. With this in mind, we share a few practices that may assist you in maintaining compliance with […]

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California’s Minimum Wage Increase

In the wake of several recent changes to California’s employment landscape, Governor Brown signed Senate Bill No. 3 (“SB3”) into law on April 4, 2016, making it California’s latest mandated increase in minimum wage. This new law incrementally increases the state-wide minimum wage to $15 per hour by the year 2022. SB3 amends California Labor […]

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Must an Employee Ever Honor an Obligation to Repay the Employer?

In general, California law requires an employer to reimburse its employees for business-related expenses incurred on behalf of the employer.  California Labor Code section 2802 provides that, “an employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her […]

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The Enforceability of Class Action Claim Waivers in Arbitration Agreements

Arbitration has become a widely used mechanism for resolving legal disputes, due in part to the increased efficiency and cost-effectiveness it affords employers. The Federal Arbitration Act (“Act”) embodies the “liberal federal policy of favoring arbitration agreements,” and at its core, provides a medium by which disputes can be privately resolved through a neutral third […]

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Updated 2015-16 California Labor and Employment Laws

The new year brought a multitude of new laws that took effect on January 1, 2016 (unless otherwise noted). Here are some of the most notable changes employers need to be aware of. AB 1513: This bill repealed sections 77.7, 127.6, and 138.65 and added Labor Code section 226.2. This new law sets forth requirements […]

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City of Sacramento Approves Measure to Increase the Minimum Wage

Earlier this year, the Assembly Appropriations Committee announced its decision not to take up Senate Bill 3, which sought to increase the minimum wage to $13 by 2018. The postponement, according to the Assembly Committee on Labor and Employment, was in part due to an effort to preserve local control by allowing for collaborative agreements […]

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Growing Section 7 & 8(a)(1) Violations Pose A Threat To Arbitration Employment Agreements

Growing Section 7 & 8(a) (1) Violations Pose A Threat To Arbitration Employment Agreements A rise in the number of employers opting to handle employment disputes through arbitration has been paired with increased scrutiny by the National Labor Relations Board (Board), specifically with regard to provisions threatening rights protected under Section 7 of the National […]

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Joint Employer Standards

National Labor Relations Board Expands the Joint Employer Standard in Browning-Ferris Decision A majority decision by three National Labor Relations Board (“Board”) appointees overturned a Regional Director’s finding that Leadpoint Business Services, a Phoenix-based staffing firm, was the sole-employer of workers it supplied to one of Browning Ferris’s (BFI) recycling plants.  The decision overturns 30 […]

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The California Fair Pay Act (SB 358)

On October 6, 2015, Governor Brown signed into law SB 358, the California Fair Pay Act. This act is an amendment to California Labor Code Section 1197.5. The new law is considered to be one of the strictest in the nation.  The previous law under the Labor Code prohibited employers from paying employees at a […]

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Rise in Union Elections under Newly Amended Election Rules

On December 15, 2014 the National Labor Relations Board (“NLRB”) adopted new rules regarding the procedures applicable to processing representation cases. These new rules went into effect on April 15, 2015. The new rules are an effort by the NLRB to streamline and modernize the representation case procedures, while increasing transparency and standardizing the NLRB […]

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DOL Plans to Stamp Out Independent Contractor Misclassification

THE DOL’S PLAN TO STAMP OUT MISCLASSIFICATION OF EMPLOYEES AS INDEPENDENT CONTRACTORS On July 15th, 2015, the U.S Department of Labor Wage and Hour Division (DOL) issued a sweeping informational memorandum (“Administrator’s Interpretation No. 2015-1” (link 1)), announcing its long-anticipated plan to make changes to the Fair and Labor Standards Act. The DOL’s efforts to […]

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Rise in Wage Statement Claims

Rise in Wage Statement Claims Following Amendment to California Labor Code Section 226 Prior to a 2013 amendment to the Labor Code, it was common for employees to add secondary claims, alleging inaccurate wage statements, to other more substantial claims against an employer. However, prior to the amendment these secondary claims, typically based on technical […]

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Willfull Missclassification

Noe v. Superior Court – It is a Violation of the Labor Code to Willfully Misclassify Employees as Independent Contractors. In June 2015, the California Court of Appeal – 2nd District, issued its decision in Noe v. Superior court, which provided that California Labor Code § 226.8 makes it unlawful for an employer to engage […]

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Labor Commissioner Found Uber Driver to be an Employee

Uber is a smart phone application that pairs private vehicle drivers with passengers. Drivers log on to the application to notify passengers that they are available to drive. Passengers sign on the application to request a ride. Once the driver accepts the request, a picture of the car and the driver appears on the passenger’s […]

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The National Labor Relations Act Turns 80!

A Look at the Progression of the National Labor Policy President Franklin Delano Roosevelt signed the National Labor Relations Act (NLRA) into law on July 5, 1935. In the midst of the Great Depression, President Roosevelt’s goal for the NLRA was to bring about “common justice and economic advantage” for all. The purpose of the […]

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Assembly Bill 304 – Urgency Amendment to the Paid Sick Leave Law

Assembly Bill 304, signed on July 13, 2015, is an amendment to the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA). It was an “urgency” bill, which means that it went into effect immediately upon being signed by Governor Brown. The HWHFA of 2014 was landmark legislation that extended the right of paid sick leave […]

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