Employers are more likely to pay large damages awards when they choose to pay employees a salary. Moreover, employees are more likely to miss breaks and the associated health and safety benefits on a salary. Employment law, particularly California employment law, is a field with requirements that change every single year. These requirements can be hard to understand and it can be hard to keep up with the changes to […]
In support of California’s clean-air goals, the California Air Resources Board (“CARBâ€) has announced a new policy that blocks registration of certain vehicles. Dealers must know which vehicles are subject to registration denial in order to avoid adding them to their inventory. As of January 1, 2020, the DMV will deny vehicle registration renewals or transfers for Heavy-Duty diesel powered vehicles that do not meet CARB’s health-based requirements. A vehicle […]
On January 29, 2019, PG&E Corporation (“PG&E”) filed its petition for bankruptcy relief in the United States Bankruptcy Court for the Northern District of California. As will be discussed in detail below, PG&E’s petition came in the wake of wildfire-related lawsuits that exposed PG&E to billions of dollars in potential liabilities. As of September 30, 2019, PG&E has been in bankruptcy for 8 months and its bankruptcy case is unresolved. […]
The most common civil claims against employers relate to either (1) problems with wages and hours worked, or, (2) termination and harassment claims. Claims in the first category may include overtime issues, missed meal or rest periods, inaccurate paystubs, bonus payments, and similar issues. While the details can be quite complicated, the basic question involved in this first category is relatively straightforward: are the wages being paid appropriate under the […]
While some may argue that labor unions are outdated, there are still a number of benefits to joining a labor union. For example, who does not want to make more money and have great benefits? Who does not want a safer work environment? The answer to these questions should be “nobody,” because money is a motivator for many people, and a safe work environment allows workers to spend less time […]
On July 12, 2019, Governor Gavin Newsome signed a bill which enacted Cal. Civ. Code § 1459.5. The purpose of enacting Section 1459.5 was to legislatively overturn Lafferty v. Wells Fargo Bank, N.A. (2018) 25 Cal.App.5th 398 (“Lafferty”), which held that attorneys’ fees were not recoverable against a holder by a consumer for claims brought pursuant to the Federal Trade Commission’s (“FTC”) Holder Rule. (16 CFR § 433.2 [“FTC Holder Rule”].) […]
