California May Impose New Childcare Obligations for California Businesses California Assemblywoman Wendy Carrillo recently introduced a bill that would require California-based companies with more than 1,000 employees to provide up to 60-hours of subsidized backup care for children under 14. Under the bill, employees would accrue one hour of backup childcare benefits for every 34...
The California Supreme Court issued a ruling last week in a case called Donohue v. AMN Services, LLC. The court decided two legal issues regarding meal breaks, and neither decision was favorable for employers. First, the Court examined whether an employer can round the meal break time punches in order to establish that the employee...
California Supreme Court Determines Dynamex Applies Retroactively As many of you know, the California Supreme Court decided the Dynamex case in April of 2018. That case determined that the “ABC test” controlled whether a worker was properly classified as an employee or independent contractor. To meet the test, the employer must prove that the worker 1.) is free from...
On March 19, 2020, the senate passed, and the president signed into law, the Families First Coronavirus Response Act. The new law has many provisions that affect you as an employer. The bill provides: Expanded FMLA Coverage For School Closures—The bill dramatically expands the FMLA on an emergency basis. Under the old law, the FMLA...
In February, the California Supreme Court issued a ruling regarding compensation for off-duty time. The case was brought by a class of Apple employees that claimed they were required to work off the clock. Apple has a policy that, if an employee brings a bag to work, the employee must have a security guard or store...
The United States Court of Appeals for the Ninth Circuit held today that the landmark decision that redefined the analysis surrounding independent contractor classification, Dynamex Ops W. Inc. v. Superior Court, applies retroactively. This means that wage claims alleging that employees were misclassified as independent contractors under Dynamex’s reasoning can seek four years of damages. ...
The article featured in Location Matters by Lauren Bushman, Associate at TencerSherman Employee handbooks are like a good sunscreen, one generally does not realize the importance of protection until they get burned. Employment claims are on the rise and can be detrimental to a restaurateur’s company culture and business success. With the intense nature of the...
After nearly two decades of litigation, the California Supreme Court pronounced a new standard for determining whether a worker is categorized as an employee or independent contractor. In this decision, delivery drivers who were once categorized as employees and later reclassified as independent contractors filed suit alleging they performed the same tasks despite their classification...
TencerSherman is proud to announce that Sam Sherman was selected for the 2018 San Diego Super Lawyers list. Here’s your chance to catch up on the latest happenings of excellent attorneys in your area with the release of the 2018 San Diego Super Lawyers Magazine. The digital version contains the entire print publication. To access the...
The California Supreme Court dealt another blow to employers defending wage and hour litigation in California by ruling that PAGA plaintiffs do not need to show good cause to justify broad discovery of the names and contact information of all potentially aggrieved employees at the outset of the case. In Williams v. Superior Court (Marshalls of...
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