Labor and Employment

The Good, the Bad, and the Scary! New Legal Developments Affecting the Workplace

 
 
Event Information

Date:

Wed., November 12, 2014

Time:

Registration & Breakfast
8:00  - 8:30 AM

Program
8:30 - 10:00 AM

Location:

USA Properties Fund
3200 Douglas Blvd
Suite 200
Roseville, 95661

Credit:

1.5 Hours PHR/SPHR
1.5 Hours MCLE

Kronick Breakfast & the Law Seminar Series

Join Kronick labor and employment law attorneys for a complimentary breakfast and an overview of new legislation and case law and how it will affect employers moving into 2015.  Seating is limited so reserve your spot TODAY!

Presenters:

David W. Tyra
Catherine V. Nystrom

Program Overview:

New 2014 Legislation, such as:

 
 

The Good, the Bad, and the Scary! New Legal Developments Affecting the Workplace

 
 
Event Information

Date:

Tues., November 4, 2014

Time:

Registration & Breakfast
8:00  - 8:30 AM

Program
8:30 - 10:00 AM

Location:

Kronick Moskovitz
400 Capitol Mall, 27th Floor
Sacramento, 95864

Credit:

1.5 Hours PHR/SPHR
1.5 Hours MCLE

Kronick Breakfast & the Law Seminar Series

Join Kronick labor and employment law attorneys for a complimentary breakfast and an overview of new legislation and case law and how it will affect employers moving into 2015.  Seating is limited so reserve your spot TODAY!

Presenters:

David W. Tyra
Catherine V. Nystrom

Program Overview:

New 2014 Legislation, such as:

 
 

Parent Corporation May Meet Definition of Employer Under California Labor Code Where Evidence Shows Control Over Subsidiary’s Employees

September 17, 2014 | Bulletin No. 1142615.1

In Castaneda v. The Ensign Group, Inc., et al (September 15, 2014) --- Cal.App.4th ---), the California Second District Court of Appeal considered whether, if a parent corporation with no employees owns and exercises control over a subsidiary corporation, the parent corporation may be an employer of the employees of the corporation it owns.  The Second District Court of Appeal held a triable issue of fact existed as to whether the parent corporation was an employer.

Governor Signs Into Law Sweeping New Requirements For Paid Sick Leave

September 12, 2014 | Bulletin No. 1142616.1

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act (AB 1522 – Gonzalez), which imposes new requirements on employers to provide paid sick leave under specified circumstances, effective January 1, 2015.

Specifically, the Health Workplaces, Healthy Families Act of 2014 (“HWHFA”; see new Lab. Code § 245, et seq.) provides for the following:

Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law

September 4, 2014 | Bulletin No. 1140302.1

California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local 104 v. Duncan (August 27, 2014, A131489) ___Cal.App.4th___, the Court of Appeal held that an employee of a subcontractor is not covered by prevailing wage law when the worker fabricates materials for a public works project at a permanent, offsite manufacturing facility that is not exclusively dedicated to the project.

Domino’s Pizza is Not Vicariously Liable for Acts of a Franchise Employee Where Domino’s Lacks Control Over Employee, Says California Supreme Court

August 30, 2014 | Bulletin No. 1139421.1

This week, the California Supreme Court held that Domino’s Pizza was not liable for the torts of an employee of a franchise because Domino’s had no contractual or operational control over the employee.  The Court based its decision on evidence that it was the franchisee, not Domino’s, that made the day-to-day decisions regarding hiring, supervision, and discipline of its employees. (Patterson v. Domino’s Pizza, LLC, et al., August 28, 2014, S204543.)

California Court of Appeal Holds Provision in Collective Bargaining Agreement Requiring On-Duty Meal Periods Meets Statutory Requirements

August 30, 2014 | Bulletin No. 1139385.1

In Araquistain v. Pacific Gas & Electric Co. (August 27, 2014) --- Cal. App.4th  ---), the California First District Court of Appeal considered whether a provision in a valid collective bargaining agreement requiring employees who work eight-hour shifts “to eat their meals during work hours [without] additional time therefore at Company expense” met the statutory requirements regarding meal periods found at California Labor Code section 512.  The court found that it did.

Court of Appeals Upholds Employer’s “Incomplete” Mandatory Arbitration Agreement

August 29, 2014 | Bulletin No. 1139255.1

In a development that was all too scarce just a few years ago, another California court has issued a decision upholding a mandatory employment arbitration agreement.  In Cruise v. Kroger Co., the California Court of Appeals (Second Appellate District; Division III) upheld the enforcement of an arbitration agreement contained in Kroger’s employment application, requiring a former employee to arbitrate, rather than litigate, his claims for employment discrimination and wrongful termination.

Federal Ninth Circuit Court Of Appeals Rules FedEx Drivers Are Employees, Not Independent Contractors, Under Both California's and Oregon's "Right-To-Control" Test

August 28, 2014 | Bulletin No. 1139044.1

Class actions were brought against FedEx in both California and Oregon by FedEx drivers contending they had been misclassified as independent contractors.  (Alexander, et al. v. FedEx Ground Package System, Inc. and Slayman, et al. v. FedEx Ground Package System, Inc., respectively.)  The California class consisted of approximately 2,300 drivers, while the Oregon class consisted of approximately 363 drivers.

Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of Public Policy

August 27, 2014 | Bulletin No. 1138602.1

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for wrongful termination in violation of public policy.  The Court reasoned that there is public interest in a workplace free from crime and that termination resulting from complaints about fraudulent warranty claims encompass potential violations of statutes proscribing theft and fraud.  (Yau v. Santa Margarita Ford, Inc. et al. (August 26, 2014,  G048013, G048343) ___ Cal.App.4th___).

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