In this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written arbitration agreements notwithstanding contrary state law. California courts have a long history of delivering rulings that attempt to narrow the scope and effect of the FAA. As one of the latest examples, the California Court of Appeal for the Fifth District held that truck drivers who complete only intrastate deliveries are exempt from the FAA because their work was part of a “continuous stream of interstate travel.” Continue Reading Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions

By:  Kritika Thukral

Background

Mandatory arbitration agreements are a source of contention in employment law. However, since 2000, they are generally permissible in California. In response, the California Legislature has made repeated efforts to ban such agreements over the years. In the past, many such bills have passed both the state assembly and the state senate and have ended up on the Governor’s desk. However, none of the bills have been enacted into law. Nevertheless, Assemblywoman Lorena Gonzalez from San Diego has introduced Assembly Bill 51 (AB 51) in the current legislative session. This bill is nearly identical to the previous vetoed measures to make mandatory arbitration agreements illegal. Continue Reading AB 51: Another Attempt to Take Down Mandatory Arbitration Agreements in California

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued two new documents that are relevant to the administration of an employee’s leave under these laws.

  1. Family Care and Medical Leave and Pregnancy Disability Leave Notice.

The DFEH’s new Notice provides notice to employees that under the CFRA they can take up to 12 workweeks within a 12 month period for the birth, adoption, or foster care placement of their child or for their own serious health condition, or that of their child, parent, or spouse, if they meet the eligibility requirements for leave under the statute – which are: more than 12 months of service; 1,250 hours in the 12-month period before the date leave begins; and are employed at a worksite where the employer has 50 or more employees at that worksite or within a 75 mile radius.  So far, nothing new right?  Continue Reading New DFEH Notice and Certification Related to Medical Leaves and Parental Leaves under California Law

Gig Economy Workers Gain Security, But at What Cost?
by Scott Rodd, Stateline

SACRAMENTO, Calif. — It started with installing some red and green LED lights. Then came the disco balls, neon eyeglasses and a gold Bluetooth karaoke microphone.

Daniel Flannery had transformed the car he drives for Uber and Lyft into a party on wheels.

“You put everything together, and it encourages people to loosen up,” he said. “Sometimes, I have people call me up and say, ‘We don’t want to go anywhere — we just want to drive around and sing.’”

Flannery, who drives to supplement his retirement income, said he loves the freedom that comes with it — setting his own schedule and adding his own flair to what he dubs his “Swag Rides.” Continue Reading In the News: Lukas Clary in Stateline Article on the Unfolding Impacts of Dynamex Decision

Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws.

Last month, my partner Lukas Clary blogged about the recent California Supreme Court case, Ward v. Tilly’s, Inc., in which the Court ruled that “reporting time” pay is owed whenever an employee is required to “report” to work, even if that “report” is by phone, instead of physically showing up for work. In Tilly’s, the employer required employees to call in two hours before their shift to find out whether they were needed, or not.  If needed, the employees would come to work; if not, Tilly’s did not pay the employees any compensation.  The Court ruled that this was a violation of the applicable Wage Order, finding that Tilly’s requirement that employees phone in, triggered the obligation to pay the employee a “reporting time” premium (between one and four hours of pay).  Continue Reading Do California Employers Have Any Scheduling Flexibility Options Left?