Legal News and Updates
Changes to FLSA joint employer regulations
On October 5, 2021, the U.S. Department of Labor (DOL)’s rescission of the prior administration’s March 2020 Joint Employer Rule under the Fair Labor Standards Act went into effect. In short, the rescission essentially increases the likelihood that an employer could...
Now Hiring! – Best Practices for a Lawful Interview Process
Part I of a Two-Part Series on Hiring; Part II addresses best practices after hiring. With the recent Covid-19 hiring surge, it is the perfect time for employers to review their hiring policies and practices. While most California employers are familiar with the Fair...
What does the CFRA actually mean for smaller employers?
It’s been nearly a year since California expanded the scope of its California Family Rights Act (CFRA) to apply to smaller employers, i.e., those California employers with five or more employees. But confusion looms. When we speak with our smaller clients, many of...
Exempting Employees from Mandatory Vaccinations: What Constitutes a “Sincerely Held” Religious Belief?
As California employers are grappling with whether to require their workforce to get the COVID-19 vaccine, some employees are raising their religious beliefs to opt out of employer-mandated vaccinations. However, it is just not as simple as an employee exclaiming,...
Pandemic Conditions Continue to Test California Employers’ Expense Reimbursement Duties
You may know that Labor Code section 2802 requires employers to reimburse employees for expenses they incur under your direction or request that are reasonably necessary to performing their job. Have you pivoted your reimbursement practices in light of the changed way...
Mandating COVID-19 Vaccinations in the Workplace: What’s the Update?
If there’s one thing that every employer in California should know by now, it’s that California labor and employment laws are constantly changing, and that employers must regularly adjust their policies and practices in order to stay compliant. Enter a global...
California Supreme Court Issues Hard-Hitting Decision for Employers: Meal, Rest and Recovery Period Violation Premiums Must Be Paid Based On Employee’s Total Compensation, Not Merely the Hourly Rate
Last week the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC dealt yet another blow to California employers: whenever an employee misses a meal or rest period, or takes a non-compliant meal or rest period (i.e., one that is late or short), the...
Duggan McHugh Attorneys Selected to 2021 Super Lawyers & Rising Stars
Congratulations to our attorneys who have been selected to the 2021 List of Northern California Super Lawyers and Rising Stars! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer...
Avoid discriminatory questions of California job applicants or employees
Employers, beware. While California employers may ask applicants or employees certain questions which they perceive to be polite small talk, some of these questions could actually be unlawful under the California Fair Employment and Housing Act (FEHA) which prohibits...
Detour Ahead: The ABC Test for Independent Contractors Now Applies to the California Trucking Industry
For decades, trucking companies have used independent contractors who drive their own trucks, known as owner-operators, to transport freight. However, this practice is now under threat in California thanks to a recent federal court decision that ruled that...