In a huge win for California employers, the California Court of Appeals recently confirmed that courts have discretion to strike claims for penalties under the Private Attorneys General Act of 2004 (“PAGA”) if the claims will be unmanageable at trial. This decision will help employers defeat—or significantly pare down—the broad and unwieldy claims for PAGA penalties that have become popular with the plaintiffs’ bar.
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D. Andrew Quigley
Dismissed Criminal Convictions in California
Imagine this: you are an employer in California, and you recently hired a new employee. You ran your own background check, which did not turn up any criminal convictions. However, the employee’s job duties include submitting online applications to a government agency, which requires the employee to complete a Live Scan background check with the Department of Justice. The Live Scan reveals that the employee has a past criminal conviction that will prevent her from submitting the applications. You terminate the employee, and she tells you the conviction was judicially dismissed. What do you do?
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New CA Law Requires Employers to Submit Annual Pay Data Reports
A bill recently signed into law in California will require private employers to submit annual “pay data reports” to the Department of Fair Employment and Housing beginning in March 2021. The California law implements a previously announced program rolled back by the Trump administration to expand federal reporting requirements to include employee pay data by race, gender, and ethnicity.
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Does the Car You Drive Impact Whether Your Commute Is Compensable? The CA Court of Appeal Says “Maybe”
Employee commute time in California generally is not compensable as “time worked” unless the employee is subject to the employer’s control and unable to use that time for his or her own purposes. But is an employee subject to the employer’s control if she is required to carry her employer’s equipment and tools in her personal vehicle? According to a California Court of Appeal, the answer could depend on the size of the vehicle.
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9th Circuit Joins Shifting Terrain of Pay Equity Laws
Under California law, an employee’s prior salary cannot be used to justify a pay disparity. Now, the same is true under federal law – at least in the Ninth Circuit. In Rizo v. Yovino, the Ninth Circuit recently ruled that an employee’s prior pay history is not a “factor other than sex” that can justify a pay gap under the Federal Equal Pay Act.
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11th Circuit Says Single Text Message Does Not Convey Standing in TCPA Action
Does an individual who receives a single text message, in violation of the Telephone Consumer Protection Act of 1991, have standing to sue in federal court?
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Five Things to Remember About Employee Reimbursements in California
The California Labor Code requires employers to reimburse employees for certain expenses, but it’s not always clear which expenses should be reimbursed by the employer, and which expenses should be borne by employees. Here’s a list of Five Things to Remember About Employee Reimbursements to help California employers navigate this area of the law.
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California Court of Appeals Bolsters Willfulness Defense to FCRA Actions
In a positive development for employers, the California Court of Appeals affirmed summary judgment for an employer in a class action alleging willful violations of the Federal Fair Credit Reporting Act.
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California Chamber of Commerce Identifies First “Job Killer” Bills of 2019
Each year, the California Chamber of Commerce identifies proposed state legislation that the Chamber believes “will decimate economic and job growth in California.” The Chamber refers to these bills as “Job Killers.” In March, the Chamber identified the first two Job Killers of 2019: AB 51 and SB 1.
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9th Circuit Reverses ADA Ruling Favorable to Businesses
What must a private business do to ensure that its website complies with Title III of the Americans with Disabilities Act, which requires that places of public accommodation provide “full and equal enjoyment” to individuals with disabilities? …
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