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MY WAY OR THE HIGHWAY

InDiaz v. Sohnen Enterprises, California employer Sohnen Enterprises instituted a mandatory dispute resolution policy requiring that all employee claims bearbitrated. “Arbitration” is a private dispute resolution tool, bypassing court trials by jury.

UNUSUAL JOB INTERVIEWS

There appears a growing trend of employers — nationwide and abroad – implementing unorthodox methods to assess job candidates such as escape rooms, capture the flag, professional “speed dating” sessions, glow-in-the-dark miniature golf, laser tag and cooperative board games.

INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES

InDynamex Operations West, Inc. v. Superior Court(2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”:

CAUTIONARY TALES EPISODE 26

On April 17, 2019, theLabor Commissioner’s Officeannounceda $2.36 million citation — the largest issued against a car wash business to date — against Playa Vista Car Wash along with its president and general manager for failing to properly pay or provide required breaks to 64 workers.

THE #METOO MOVEMENT’S IMPACT

The U.S. Equal Employment Opportunity Commission (EEOC) hasannouncedthe number of workplace discrimination charges filed nationwide duringfiscal year 2018(October 1, 2017 to September 30, 2018).

CHECK OR DEBIT CARD

California employers must provide certain government-issued pamphlets or information sheets to new hires, to employees on certain types of leaves of absence, and to workers upon termination of employment.

INDEPENDENT CONTRACTOR OR EMPLOYEE?

In 2018, the California Supreme Court’sDynamexrulingdrastically changed the criteria for independent contractor classification to determine entitlement to many employee rights and benefits. See,Independent Contractor Status in California Now Falls Under Radically Different Rules(June, 2018).

ALL IN THE FAMILY

Starting April 1, 2019, covered California employers must post the newFamily Care and Medical Leave and Pregnancy Disability Leavenotice (DFEH-100-21/March 2019).

FOR WHOM THE BELL TOLLS…

For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to imposesignificant, potentially fatal penaltiesfor non-compliance.