Can California Payroll Companies Be Held Liable for Wage Statement Claims?

California law provides that a payroll service provider cannot be held liable for labor code violations –  but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll … Continue reading

Posted in California, Labor, Pay | Tagged , , ,

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Might There Be an End in Sight to the Private Attorney General Act?

On November 28, 2018, a newly created association representing California-based employers called the California Business & Industrial Alliance filed a complaint for injunctive and declaratory relief against the California Attorney General seeking to enjoin the enforcement of the Private Attorney … Continue reading

Posted in California | Tagged , , ,

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California Court of Appeal Finds Employee Non-Solicitation Agreement Unenforceable

Previously, agreements prohibiting former employees from soliciting a former employer’s employees were generally considered enforceable, so long as they had reasonable terms. Earlier this month, however, the California Court of Appeal issued a decision, AMN Healthcare v. Aya Healthcare Services … Continue reading

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California Construction Industry, Are They The Next Ripe Target For Private Attorney General Act Claims? Hint-The Answer Is Yes.

In January, California ushered in a new law designed to strengthen wage protections for employees who work under private construction contracts. The law makes all “direct contractors” potentially liable for wages incurred by an employee of any subcontractor-at any tier. … Continue reading

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EEOC May Halt Nationwide Pay Data Collection Efforts

Recently, the U.S. Equal Employment Opportunity Commission’s acting chairwoman, Victoria Lipnic, indicated that the agency may cease its efforts for nationwide pay data collection designed to eliminate the gender pay gap. The agency’s measure would have required most private employers … Continue reading

Posted in Discrimination, EEOC, Pay | Tagged , ,

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California Employers Must Pay Commissioned Employees Separate Rest Break Pay

In California, employers are required to provide non-exempt employees with a ten minute paid rest break for every four hours worked or major portion of four hours worked (defined as anything more than two hours). A California appellate court ruled … Continue reading

Posted in California, Sick Leave | Tagged , , ,

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