By Marie Hulen, Esq. California business owners should be aware that as of October 1, 2023, new regulations are in effect regarding the use of criminal history information when making employment decisions. Though many rules already exist restricting the consideration of criminal history before this update, these are brand new rules. California employers should…
By Jake Keller In July, the California Supreme Court decided a long-awaited case involving Uber in a way that will present new challenges for employers. The case involves yet another issue related to application of California’s Private Attorney General Act, which gives rise to problematic “PAGA” claims. PAGA claims have similarities to class actions in…
Dunn DeSantis Walt & Kendrick attorneys Kevin V. DeSantis, James A. McFaul and David D. Cardone have been selected by their peers for inclusion in the 30th Edition of The Best Lawyers in America.® DeSantis, who is managing partner of the firm, received the Best Lawyers designation in the fields of Commercial Litigation, Legal Malpractice Law…
By Casey L. Helton, Esq. Labor Code § 1102.5(b) prevents an employer from retaliating against an employee for disclosing information that the employee reasonably believes is a violation of or noncompliance with a law or regulation to a person with authority over the employee. This section applies to employees who report perceived workplace violations externally…
By Anayeli Zavala, Esq. In 2004, California passed the Private Attorney’s General Act of 2004 (“PAGA”), which allows California employees to file an individual claim for harm suffered under the California Labor Code and a non-individual, representative claim on behalf of other employees who have suffered the same harm. In PAGA lawsuits, the employees act…
By Cameron R. Neubauer, Esq. A recent case decided by the United States Supreme Court is prompting employers everywhere to examine the manner in which “daily rate” employee compensation is calculated and paid. In Helix Energy Solutions Group, Inc. v. Hewitt, the Court held that a high-earning professional can only be an overtime-exempt employee if…
