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The Ninth Circuit has held in Vazquez v. Jan-Pro Franchising International, Inc., that the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, applies retroactively.

The U.S. Department of Labor (DOL) announced that it has issued a new opinion letter that addresses whether a service provider for a virtual marketplace company (“Gig” worker) is an employee of the company or an independent contractor under the FLSA. 

As reported by the National Law Review, on April 25, 2019, a federal judge approved the September 30, 2019 deadline for employers to submit EEO-1 pay data.

The House has passed a bill, the “Paycheck Fairness Act”, which is intended to strength protections against wage discrimination. The chamber voted 242-187 for the Paycheck Fairness Act, with seven Republicans joining Democrats in voting for the bill. The bill was co-sponsored by 238 Democrats and GOP Rep. Chris Smith (N.J.). For more information read here. 

A California Court of Appeal has ruled in Ward v. Tilly, that a scheduling practice used by many employers in which employees are required to call in ahead of time to confirm if they must report to work, is unlawful, unless the employee is paid reporting time pay, even if the employee does not need to report to the worksite.

The California Supreme Court has ruled in Goonewardene v. ADP, LLC, Cal., No. S238941, that ADP, LLC, a national payroll company, is not liable for mistakes made on the employee’s paycheck.

California Governor Gavin Newsom (D) has proposed six (6) months of paid parental leave for parents of newborns.

In one of her first acts after being sworn in for her second term in the Assembly, Assemblymember Eloise Reyes (D-San Bernardino) introduced, along with Assemblymember Laura Friedman, AB 9 which extends the administrative timeline to bring forward a complaint of workplace harassment from one year to three years pursuant to the Fair Employment and Housing Act (FEHA).

The Cato Corporation, a leading retailer of women's fashion and accessories, has agreed to pay $3.5 million to resolve a nationwide, systemic investigation conducted jointly out of the Chicago and Philadelphia Offices of the

 

SB 1343, in effect as January 1, 2019, expands the required AB 1825 harassment training to cover employers with five (5) or more employees (as opposed to employers with 50 or more employers), to include all nonsupervisory employees.

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