MIND YOUR EMPLOYEE COMPENSATION PRACTICES The California Labor Commissioner just cited Five Wingstop fast food restaurants and their owner $3,161,606 for “wage theft” violations for 551 workers. The owner created separate corporate entities for each of his restaurants, making it seem that each restaurant was a different employer, which deprived...
NEW LAW BANNING EMPLOYEE NON-COMPETE CLAUSES (IN EMPLOYEE HANDBOOKS AND AGREEMENTS) California’s Senate Bill 699 (along with existing laws), bans (actually voids) agreements that purport to restrain an employee from competing with the employer: Existing law (Business & Profession Code 16600) states "Every contract by which anyone is restrained from...
WHAT THE CA SUPREME COURT UBER DECISION MEANS FOR EMPLOYERS Driver Adolph sued Uber Technologies, Inc., claiming employee status, not independent contractor. The issue was whether an employee who was compelled to arbitrate his or her individual claims also maintains under PAGA the right (“standing”) to pursue Private Attorney General...
EMPLOYEE PAGA CLAIMS Employers take note: A California appellate recently court ruled that Private Attorneys General Act (“PAGA”) claims by employees against employers for wage & hour and other claims survive the employer’s (and by implication, the employer’s responsible individual’s) bankruptcy – they are not discharged and must be paid,...
MORE EMPLOYMENT UPDATES – WHEW! We previously updated on the U.S. Supreme Court case of Viking River Cruises, Inc. v. Moriana (“Viking River”) regarding employee arbitration agreement waivers for California Private Attorney General Act (“PAGA”) actions. The U.S. Supreme Court said that employee individual and the PAGA representative claims (like...
ANNOUNCEMENT – NEW I-9 FORM AUG 1ST Attention Employers: The U.S. Citizenship and Immigration Services (“USCIS”) announced today[1] that beginning August 1st, employers are to use a new Form I-9 that is more streamlined and shortened. Here’s the announcement and form. While Employers may continue to use the older Form...
Landlords: Tips When Taking a Lease Guaranty from a Foreign Company When a landlord leases to a U.S. company affiliated with a foreign company, whether a parent company or sister company, the landlord’s being able to collect on a lease guaranty from the foreign company can be tricky. Before deciding...
Government Investigations Government investigators and the Department of Justice (“DOJ”) are focusing on alleged payment of kickbacks through cash, gift cards and other direct payment devices. Please make sure to document all sales and cash transactions so that the government has NO basis to try to allege that there are...
US SUPREME COURT MAKES CONTROVERSIAL RULING FREE SPEECH RIGHTS SUPERSEDE ANTI-DISCRIMINATION RIGHTS Yet another Colorado individual providing wedding services to the public (wedding websites) gets a favorable ruling by the U.S. Supreme Court. The wedding website designer refused to make wedding websites for same-sex couples due to her Christian beliefs...
Medi-Cal Fraud Epps & Coulson, LLP represents groups of clients in four core areas: business generally, real estate, employment and health care. We keep up with what’s going on in those core areas. On the health care front, we help clients stay out of regulatory trouble, as well as all...