At the request of the 9th Circuit, the California Supreme Court recently clarified the definition of “hours worked” under the Labor Code. In Huerta v. CSI Electrical Contractors, the employees worked at a solar power facility, which was located on privately-owned land. To reach the actual worksite, employees had to enter onto private land, present a badge at a security gate (at which point a security guard might “peer” into their car or truck), and then drive an additional 10–15 minutes to access the employee parking lot. It was estimated that the security check could take between 5-30 minutes. This would happen again at the end of the day. Also, because there were endangered species present on the privately-owned land, there were restrictions employees were expected to follow while driving on the road, including not exceeding a certain speed limit, and refraining from honking horns or playing loud music. The Court was asked to answer two questions with respect to the definition of “hours worked” as discussed below.Continue Reading The California Supreme Court Further Clarifies the Definition of “Hours Worked”

In late March 2024, California Assemblyman Matt Haney (D-San Francisco) introduced a bill, AB 2751, that would recognize a right for employees in California to “disconnect” or ignore communications from their employer during certain non-work hours.  The Bill, in its current form, requires an employer to establish a workplace policy that will allow employees “the right to disconnect” from communications from their employer during non-working hours, except for emergencies and/or scheduling purposes.  The policy must define working vs. non-working hours and make clear that employees have the right to ignore communications from the employer during the policy’s specified non-working hours.  The proposed law also provides employees the right to file a complaint with the California Labor Commissioner if the employer engages in a pattern of violations of this new law. Finally, the proposed new law states that while violations may not be punished as a misdemeanor, the employer could be subject to a fine of not less than $100 as a result of a pattern of violation of the proposed new law.Continue Reading California Legislature Considers Employee’s “Right to Disconnect”

CTA Compliance Team

On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states)

There are a number of statutes in California that grant eligible employees the right to take a leave of absence for various reasons. SB848 creates a new leave of absence entitlement under CA law regarding reproductive loss. Lizbeth “Beth” West and Shauna Correia review this new protected leave in this episode of California Employment News.Continue Reading California Employment News: SB848 – Protected Leave for Reproductive Loss

UPDATED 3/04/2024

On March 1, 2024, a lower Alabama federal court held that the Corporate Transparency Act, which requires certain businesses to file a BOI Report with FinCEN that includes information about their beneficial owners, is unconstitutional. Importantly, this ruling DOES NOT affect the legal obligation of entities formed in California, Nevada, or Delaware (among other states) to file their BOI Report within the timeframes specified in the chart below at this time.  We are monitoring the development of this and similar court actions across the nation and will continue to provide information about them to those who have indicated a desire to receive this information from us.

ORIGINAL NOTICE 2/20/2024

The Corporate Transparency Act (“CTA”), a new federal filing requirement for many business entities, became effective on January 1, 2024.  The CTA was enacted as part of the Anti-Money Laundering Act of 2020 to provide Federal and State enforcement agencies with more comprehensive information about small and shell companies to help control money laundering and terrorist financing activities.  The database of information provided by the CTA Reports will not be available to the general public but will be accessible by Federal and most states’ criminal and financial law enforcement agencies.Continue Reading Important Notice Regarding the Corporate Transparency Act Filing Requirements (Update 3/1/2024)