Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment litigation landscape.
Continue Reading The Ending Forced Arbitration of Sexual Harassment Act May Apply To More Than Sexual Harassment
New PAGA Amendments Fail to Substantively Address Employers’ Concerns
Governor Brown recently approved Senate Bill No. 836, which amends the Private Attorneys General Act (“PAGA”) in a few minor technical ways, including new filing and notice requirements. Although employers had hoped for substantive changes following the Governor’s initial budget proposal which expressly acknowledged that “employers are being sued and incurring substantial costs defending against technical or frivolous claims,” the enacted amendments fail to deliver any major gains for employers. SB 836 amends PAGA in four main ways:
Continue Reading New PAGA Amendments Fail to Substantively Address Employers’ Concerns
California Employers Exhale Relief, Governor Vetoes Ban on Employment Arbitration Agreement
On October 11, 2015, Governor Brown vetoed Assembly Bill No. 465. AB 465 was one of the most closely watched, controversial employment related bills passed by the California Legislature in recent memory. Understandably, employers were nervous by the bill’s potential implications.
Continue Reading California Employers Exhale Relief, Governor Vetoes Ban on Employment Arbitration Agreement
ObamaCare’s Employer Mandate is Delayed for Another Year Until 2016 for Businesses with Less Than 100 Full-Time Employees and is Modified for Larger Businesses Too
On February 10, 2014, the U.S. Treasury Department and the Internal Revenue Service announced another one-year delay for a portion of businesses covered by the Employer Mandate portion of the Affordable Care Act (also known as the “ACA” or “ObamaCare”). Specifically, otherwise-covered entities with 50 to 99 full-time employees will not have to comply with the Mandate until January 1, 2016. Meanwhile, employers with 100 or more full-time employees now only will need to offer coverage to 70 percent of their full-time employees in 2015. However, all covered employers will be required to offer coverage to the previously mandated 95 percent of full-time employees beginning in 2016.
Continue Reading ObamaCare’s Employer Mandate is Delayed for Another Year Until 2016 for Businesses with Less Than 100 Full-Time Employees and is Modified for Larger Businesses Too
New Decision Examines the Scope of Constructive Discharge
On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public policy when his employer refused to reimburse gas mileage, pleaded facts sufficient to support a cause of action. Accordingly, the appellate court held that the trial court abused its discretion by sustaining the employer’s demurrer without leave to amend. While at first glance, employers may shudder at the expansion of constructive discharge claims, the case actually has a narrow, fact-specific holding.
Continue Reading New Decision Examines the Scope of Constructive Discharge