The Court of Appeal in Gamboa v. Northeast Community Clinic, 2021 S.O.S. 6372, held today that a defendant employer must prove that a plaintiff employee has not only agreed to the signing of the arbitration agreement, but also remembers signing it. The Court explained that a former employee’s declaration that she did not recall signing…
Continue reading ›From June 14 to September 29, 2021, USCIS erroneously rejected Form I-765, Application for Employment Authorization, from petitioners for U nonimmigrant status that were filed without a fee or request for fee waiver. USCIS also erroneously accepted fees for certain U nonimmigrant petitions that unnecessarily submitted a fee with their Form I-765. USCIS is trying…
Continue reading ›On November 4, 2021, the West Hollywood City Council approved the highest minimum wage in the nation. In a unanimous vote early Thursday morning, the city council unanimously approved a $17.64 minimum wage. The measure will take effect on January 1, 2022 for all hotel workers and on July 1, 2022 for all other workers.…
Continue reading ›On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held that an aggrieved employee whose individual claim was time-barred had standing to pursue a representative claim under the Private Attorney General Act of 2004 (PAGA) on behalf of other allegedly aggrieved employees regardless of whether the employee was personally aggrieved (Johnson v.…
Continue reading ›On Wednesday, Gov. Gavin Newsom signed a new law where California became the first state to bar mega-retailers from firing warehouse workers for missing quotas that interfere with bathroom and rest breaks. The measure bars online retail giants like Amazon, from disciplining workers for following health and safety laws and allows employees to sue to…
Continue reading ›Last week, the California Supreme Court ruled in Ferra v. Loews Hollywood Hotel, LLC that California employers must pay meal period and rest break premiums at the same “regular rate” that applies to the payment of overtime. Under California law, when a non-exempt employee is not provided with a fully compliant 30-minute meal period or…
Continue reading ›Employees who are victims of wage theft are unpaid for their work, damages, and penalties. Those employees can bring a claim to the court or the Labor Commissioner to receive the wages they are owed. Successful claims can lead to a judgment being filed against the employer. Previously, there were all too many times where…
Continue reading ›Effective July 1, 2021, minimum wage has increased for many local cities. In addition to the above, the following minimum wage increases for hotel workers are of note: Los Angeles and Santa Monica: Effective July 1, 2021, the minimum wage for hotel workers is increasing from $17.13 to $17.64 in both cities. (Note that the…
Continue reading ›Severance agreements are designed to protect an employer from future lawsuits filed by former employees or other terminated workers. In California, employment law lawsuits have been skyrocketing in recent years and even more so during the pandemic. The typical employment lawsuits or administrative complaint include claims for: Unpaid overtime and minimum wages Unpaid split shift…
Continue reading ›On June 29, 2021, Cal/OSHA published a revised COVID-19 Model Prevention Program that reflect the changes made to the Emergency Temporary Standards (ETS) on June 17, 2021. Most employers in California are required to establish and implement an effective written COVID-19 Prevention Program (CPP) pursuant to the Emergency Temporary Standards in place for COVID-19 (California…
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