Category Archives: Employment and Labour Law

Huff v. Securitas: Ct. of App. Confirms PAGA’s Purpose in Refusing to Limit Penalties to Only Those L.C. Violations that Affected Plaintiff Personally

For years, employers and employees have disagreed on the scope of California’s Private Attorneys General Act of 2004 (“PAGA”). One hotly-disputed issue is whether the named representative plaintiff needs to have experienced the exact Labor Code violation for which she is pursuing a PAGA claim on behalf of the state and other aggrieved employees. The disagreement turns on the aggrieved employee’s standing, defined under the PAGA statute as “any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed.” Cal. Lab. Code § 2699(c). Employees construed the “one or more” language to mean that a plaintiff “need not have suffered all PAGA violations for which she seeks to pursue civil penalties” in order to seek civil penalties for those violations under PAGA. Jeske v. Maxim Healthcare Services, Inc., 2012 WL 78242, *13 (E.D. Cal. Jan. 10, 2012). Employers, on the….. To continue reading this legal news please click Read full information...

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New Compliance Requirements for FCRA Background Checks

The Consumer Financial Protection Bureau (“CFPB”) issued a new “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA”)  (“Summary of Rights”) form on September 12, 2018.  This form replaces the previous version issued on November 12, 2012, and is expected to be implemented by employers on September 21, 2018. The FCRA governs the manner in which employers may conduct background checks (by procuring “consumer reports” from consumer reporting agencies) in the hiring process and during employment.  Among the many obligations it places on employers is the provision of certain notices and disclosures to applicants and employees throughout the process.  One such requirement is for employers to provide, before making an adverse decision on the applicant, the Summary of Rights form along with a copy of the consumer report, when an applicant receives an unfavorable report result.  This is….. To continue reading this legal news please click Read full information...

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Personal/carer’s leave sweeter for shiftworkers

In Mondelez Australia Pty Ltd [2018] FWC 2140 the Fair Work Commission (Commission) confirmed shiftworkers are entitled to 10 days of personal/carer’s leave to be taken and accrued as a daily entitlement based on the hours ordinarily worked by a particular employee in a day. As a result, shiftworkers are entitled to payment for the full duration of their shift whilst on personal/carer’s leave rather than a standard 7.6 hours per day. The Fair Work Commission reached a similar decision again this year in Australian Workers’ Union, The v AstraZeneca Pty Ltd [2018] FWC 4660 when it was asked to rule on how personal/carer’s leave is to be calculated for shiftworkers at pharmaceutical company, AstraZeneca Pty Ltd. In this case, the Commission held the entitlement to personal/carer’s leave differs between the employer’s rosters of 12 hour shifts and 10.28 hour shifts, and should not be calculated based on an average of hours worked. Hourly accrual….. To continue reading this legal news please click Read full information...

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Salary History Ban Clarified as California Awaits News on Major Bills Impacting Employers

It is that time of year.  We continue to wait for the Governor to sign or veto some controversial bills such as: The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and AB 3080 (prohibiting mandatory arbitration for new and current employees, but presumably allowing arbitration with an opt out, and prohibiting nondisclosure of harassment issues to protect future employees going forward). As we wait, there was one bill recently passed that clarifies a few things about California’s salary history ban that is worthy of a quick mention. As you may recall, effective this year, employers were prohibited from asking an applicant about his/her salary history.  Employers are also required to provide pay scale information to an applicant on the position applied for upon reasonable request.  Recently, some of those terms have been clarified, as follows: First, an applicant is now defined as an individual seeking employment who is….. To continue reading this legal news please click Read full information...

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EEOC Data Shows Increase in Sex Harassment Claims

At the beginning of 2018, we advised our business clients to expect sexual harassment claims to increase. This advice was in response to various high profile sexual harassment claims and the #MeToo Movement against sexual harassment and sexual assault in the workplace. Consistent with these predictions, it was reported on 9/17/2018 by Chris Opfer for Bloomberg’s Human Resources Report (subscription required) that the Equal Employment Opportunity Commission saw an increase in sexual harassment claims this year as compared with 2016. Notably, this increase occurred as the total discrimination and harassment claims dropped. According to Bloomberg, this information came from EEOC data, which will eventually become public upon a final verification of the EEOC filings. Considerations for Sexual Harassment Prevention In the meantime, employers must continue to recognize that zero tolerance for sexual harassment and assault should be the norm. But simply saying you have a….. To continue reading this legal news please click Read full information...

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