In Castaneda v. Ensign Group, Inc., (2014) 229 Cal.App.4th 1015, plaintiff, a former employee of Cabrillo Rehabilitation and Care Center (“Cabrillo”), filed a class action against Cabrillo’s parent company, The Ensign Group, Inc. (“Ensign”) for nonpayment of minimum wages and overtime wages.
The employee alleged that the parent corporation was his employer because: (1) it owned and controlled Cabrillo; … Read More
Employment related legislation was big in 2014. The Legislature once again passed a number of pro-employee bills that are worth reading about. While this list is not exhaustive, it provides an overview of the key legislation employers should be aware of. In case you are tempted to skip this article, remember that the State of California expects employers to know … Read More
An issue that sometimes arises in the employment cases we handle concerns whether an employer/employee relationship really exists between the parties. The reason this comes up is because the employee sues not only the employer, but also all of the companies who are affiliated with the employer, such as parent companies, franchisors, or other businesses owned by the same family. … Read More
On August 12, 2014, the California Court of Appeal issued a sweeping opinion in Cochran v. Schwan’s Home Services, Inc. (2014) 228 Cal.App.4th 1137. The Court discussed the issue of whether an employer must reimburse an employee for the reasonable expense of mandatory use of a personal cell phone for work purposes, or whether the reimbursement obligation is limited to … Read More
On September 10, 2014, Governor Brown signed AB 1522 otherwise known as the Healthy Workplaces, Healthy Families Act of 2014.
Specifically, the Act amends Labor Code § 2810.5 to provide that an employee who, on or after July 1, 2015, works in California for 30-days or more within a year from the commencement of employment is entitled to paid sick … Read More
On May 29, 2014, the California Supreme Court issued its highly anticipated decision in Duran v. U.S. Bank Nat’l Assoc., (2014) 59 Cal.4th 1, making clear that before a court can certify a class action, it should require the plaintiff to have a trial plan addressing manageability of the class claims.
The class in Duran was a group of … Read More
On June 23, 2014, the California Supreme Court issued a long awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC (2014 WL 2808963). Long awaited is an understatement, as the underlying case was filed in 2006. The issue of whether class action waivers in arbitration agreements are enforceable has been ruled on differently by several courts over the past … Read More
Competing interests of transparency in government and elected officials and government employees’ right to privacy has stirred up a debate throughout California. A recent California appellate court ruled that government officials and employees’ private communications sent on personal devices and not stored on public servers are not subject to the California Public Records Act (CPRA). City of San Jose v. … Read More
The increased decriminalization of marijuana use raises questions of whether employers are required to reasonably accommodate employees who use it for medical reasons, and whether they can terminate the employee for failing a drug test. As prudent employers, it is always a good idea to contemplate how the change in law will affect the workplace. Although sixteen states have legalized … Read More
Many unwary employers fall into the trap of giving an employee the title of “Manager” or “Supervisor” only to find out that in fact the employee was misclassified. One of the most common mistakes an employer can make is to assume that a job title alone makes an employee “exempt” versus being “non-exempt.”
Amongst other factors, a truly exempt employee … Read More