FELS Newsletter: August 2023
CA Supreme Court Keeps Representative PAGA Claims Alive When Individual Claims Go to Arbitration
When the U.S. Supreme Court ruled in Viking River Cruises v. Moriana that federal law preempts California’s efforts to restrain arbitration agreements covering workplace disputes, the Court indicated its view that Private Attorneys General Act (PAGA) claims representing other employees would not have standing. Associate Justice Sonia Sotomayor noted, however, that “California courts…will have the last word.” […]
Top 10 Pesticide Violations of 2022
The California Department of Pesticide Regulation (CDPR) recently posted to its website Top 10 Agricultural Pesticide Use Violations of 2022. Some were paperwork violations like failing to have a copy of the registered labeling covering its use at the use site, pesticide use reporting, and failure by a pesticide control business to register with the […]
CA Providing Free Legal Services to Undocumented Farm Employees
On July 19, the office of Gov. Gavin Newsom announced a $4.5 million pilot program “to provide free immigration legal assistance to farmworkers who are involved in state labor investigations.” It isn’t clear what the funding source for this program is or how it relates to or supplements services offered by various legal aid services […]
USCIS Releases New Form I-9
U.S. Customs and Immigration Service has released a new Form I-9 (Employment Eligibility Verification) that is substantially different from the prior version. The revised Form I-9: Employers may begin using the new form immediately, but the prior form may be used until only Oct. 31. As of Nov. 1, employers must use the “Edition 8/01/23” […]
California Courts Now Agree… Time Rounding Is Flat Out Illegal
For years, California courts embraced a federal standard which permitted employers to round time entries provided the rounding policy was neutral and the rounding practice did not disadvantage employees. However, over the last decade, California courts have chipped away at the legality of rounding policies and practices. Most recently, in Woodworth v. Loma Linda Univ. Medical […]
“Not a Good Fit” Might be Grounds for Termination – But you Must Be Able to Back it Up
Fiona W. Ong, Shawe Rosenthal, LLP Employers sometimes assert that an employee is “not a good fit” for the company. Such vague terminology may be problematic when the employee claims that their termination was actually because of illegal discrimination or harassment. But the U.S. Court of Appeals for the Fourth Circuit upheld an employer’s “not […]
California Minimum Wage to Rise to $16 on Jan. 1; CAFB Questions the Increase
Carl Borden, Senior Counsel, California Farm Bureau Legal Services Division Per California Labor Code section 1182.12, subdivision (c)(1), the director of the California Department of Finance issued on July 31 a notice that the state’s minimum wage will be $16 an hour in 2024. The 2023 minimum wage is $15.50. And because it is based […]
“Regular Rate” Mistakes are Low-Hanging Fruit. Is Yours Ripe for Picking?
Frank Shuster, Constangy, Brooks, Smith& Prophete, LLP Recently, a class action lawsuit was filed against Anheuser-Busch, alleging various violations of California’s wage and hour laws. You may ask, “What’s newsworthy about that? Aren’t hundreds of such lawsuits filed each week, and don’t many of them stretch the truth beyond its breaking point?” Yes. But the […]
