Gutierrez, Preciado & House, LLP

Gutierrez, Preciado & House, LLP Lawyers for California Employers

Operating as usual

On the heels of Google's announcement that it was dropping mandatory arbitration of workplace disputes, two members of C...
03/02/2019
Rep. Johnson, Sen. Blumenthal Introduce Legislation to End Forced Arbitration and Restore Accountability for Consumers, Workers

On the heels of Google's announcement that it was dropping mandatory arbitration of workplace disputes, two members of Congress have introduced the FAIR Act too eliminate forced arbitration clauses in employment, consumer, and civil rights cases, but still allow consumers and workers to agree to arbitration after a dispute occurs.

Sen. Blumenthal introduces Senate companion; Bills would remedy Supreme Court ruling, Restore consumers’ rights to justice through courts WASHINGTON, D.C. — Today, U.S. Rep. Hank Johnson (D-GA) and U.S. Sen. Richard Blumenthal (D-CT) introduced the FAIR Act: The Forced Arbitration Injustice Repe...

Ax these terms from your legal writing
11/09/2018
Ax these terms from your legal writing

Ax these terms from your legal writing

William Cullen Bryant, editor of the New York Evening Post from 1829 until 1878, created an “Index Expurgatorius” for his newspaper. Certain words simply weren’t allowed in its pages.

Read about a new law and a new court decision about the effect of taking a tip credit against an employer's minimum wage...
09/30/2018
Tip Rules Under the FLSA

Read about a new law and a new court decision about the effect of taking a tip credit against an employer's minimum wage obligation under the Fair Labor Standards Act.

The Fair Labor Standards Act permits an employer to take a credit against its minimum wage obligation for tips that its employees receive....

The Fourth District Court of Appeal in San Diego has reminded managers of corporate employers that they may be liable fo...
09/30/2018

The Fourth District Court of Appeal in San Diego has reminded managers of corporate employers that they may be liable for civil penalties based on wage and hour violations if they "cause" a wage and hour statute to be violated.

08/21/2018
www.courts.ca.gov

The First District Court of Appeal in San Francisco has ruled that an employer who wants relief from the bonding requirement to appeal from a Labor Commissioner award must seek that relief before the deadline to file the appeal.

Should employers be forced to have their employees find their lunch outside the office?
08/01/2018
San Francisco Officials to Tech Workers: Buy Your Lunch

Should employers be forced to have their employees find their lunch outside the office?

A proposed ordinance would ban employee cafeterias in new construction, encouraging tech workers to leave the office to buy their meals.

Read this article on our Employment Law Blog, which discusses an important decision from the California Supreme Court. T...
07/26/2018
Federal "De Minimis" Doctrine Does Not Apply to Wage Claims under California Law

Read this article on our Employment Law Blog, which discusses an important decision from the California Supreme Court. The Court has ruled that California employers may not ignore even a few minutes in calculating how many hours an employee has worked.

In Anderson v. Mt. Clemens Pottery Co. , 328 U.S. 680 (1946), the U.S. Supreme Court ruled that insubstantial and insignificant amounts of...

Read this article on our Employment Law Blog, which describes recent developments in the back and forth on immigration b...
07/19/2018
Federal Court Enjoins Portions of AB 450

Read this article on our Employment Law Blog, which describes recent developments in the back and forth on immigration between the State of California and the U.S. Justice Department.

Sacramento Federal Courthouse AB 450 was part of the "Sanctuary State" measures signed into law by Governor Brown on October 5, 2017. ...

New minimum wages take effect July 1, 2018. Although the California minimum wage will not go up until January 1, 2019 (w...
07/01/2018
California Minimum Wage Across Cities and Towns 2018 Guide for Employers

New minimum wages take effect July 1, 2018. Although the California minimum wage will not go up until January 1, 2019 (when it will go to $11 for employers with 25 or fewer employees, and $12 for those with more), local governments in several places have scheduled raises for July 1. The City of Los Angeles rate goes to $12 and $13.25, as does the County of Los Angeles rate, and the rate in the cities of Pasadena and Malibu. The San Francisco rate goes to $15 for all employers. For a complete listing, click below.

California Minimum Wage Across Cities and Towns 2018 The Golden State has more local minimum wage laws than any other state. Only New York’s minimum wage laws are more complicated. In total, 30 cities have local minimum wage laws. That’s in addition to the statewide minimum wage. This makes it d...

This program will look at the impact of California's early adoption of laws on comparative fault, medical malpractice re...
05/23/2018
California Employment Law Update: How New Laws Are Affecting the Nation - OnDemand Webinar | Lorman Education Services

This program will look at the impact of California's early adoption of laws on comparative fault, medical malpractice reform, and the obligation of mental health professionals to alert potential victims to dangers posed by their patients. Review four current legal developments that may be forerunners of things to come in the rest of the country.

Stay ahead of new California laws and learn how they could impact your business.People outside California often pass off its legal developments as wacky and outside the norm.

The Supreme Court has upheld the use by employers of arbitration agreements to prevent employees from pursuing class act...
05/22/2018
www.supremecourt.gov

The Supreme Court has upheld the use by employers of arbitration agreements to prevent employees from pursuing class actions. In the words of Justice Gorsuch's majority opinion in Epic Systems Corp. v. Lewis, Case No. (16-285): "In the Federal Arbitration Act, Congress has instructed federal courts to enforce arbitration agreements according to their terms—including terms providing for individualized proceedings."

Is it possible for a company to be fair to its workers, and be competitive?
05/07/2018
Opinion | Treating Workers Fairly at Rent the Runway

Is it possible for a company to be fair to its workers, and be competitive?

Companies across America have long given salaried workers one benefits package and hourly workers another. It’s time for this practice to end.

News coverage of the California Supreme Court's Dynamex decision, which clarifies the rules for determining who is an em...
05/02/2018
Uber, Lyft and other gig jobs may face a shakeup under new California work rules

News coverage of the California Supreme Court's Dynamex decision, which clarifies the rules for determining who is an employee and who is an independent contractor.

Following a state Supreme Court ruling Monday, businesses across California could be forced to reclassify swaths of their workforces as employees, with profound impacts on workers and companies.

Read our analysis of an important California Supreme Court decision that adopts a new test for determining whether a wor...
05/01/2018
The ABC's of Employment

Read our analysis of an important California Supreme Court decision that adopts a new test for determining whether a worker is an employee or an independent contractor under the California wage orders.

The California Supreme Court has handed down an important decision that explains how to distinguish between an employee and an independent c...

Learn about the rules employers must observe when trying to get their employees to stick with them.
04/21/2018
Discouraging Employee Departures

Learn about the rules employers must observe when trying to get their employees to stick with them.

Because employers invest money in hiring, training and developing their employees, they would like their employees to remain in their empl...

A published opinion from the California Court of Appeal adopts our view of an appealability issue. http://www.courts.ca....
04/12/2018

A published opinion from the California Court of Appeal adopts our view of an appealability issue.http://www.courts.ca.gov/opinions/documents/B275974.PDF

Ninth Circuit overrules 1982 decision, and holds that employers may not defend an Equal Pay Act claim by setting salarie...
04/09/2018
cdn.ca9.uscourts.gov

Ninth Circuit overrules 1982 decision, and holds that employers may not defend an Equal Pay Act claim by setting salaries based on salary history. Rizo v. Yovino, Case No. 16-15372.

Supreme Court confirms that car dealer service advisors are exempt from the overtime requirements of the Fair Labor Stan...
04/03/2018
www.supremecourt.gov

Supreme Court confirms that car dealer service advisors are exempt from the overtime requirements of the Fair Labor Standards Act. Encino Motorcars, LLC v. Navarro, Case No. 16-1362.

Navarrete dismissal affirmed. After hearing the February 12 oral argument we alerted you to on YouTube, the Ninth Circui...
04/02/2018
cdn.ca9.uscourts.gov

Navarrete dismissal affirmed. After hearing the February 12 oral argument we alerted you to on YouTube, the Ninth Circuit affirmed the dismissal six weeks later.https://cdn.ca9.uscourts.gov/datastore/memoranda/2018/03/29/16-55831.pdf

Read about the California meal period requirement in the joint employment context.
03/28/2018
Joint Employer Responsibility for Meal Periods

Read about the California meal period requirement in the joint employment context.

A recent decision from the California Court of Appeal explains how a staffing agency may satisfy its obligation to its employees to provid...

A reminder for businesses that failure to comply with I-9 rules can lead to criminal penalties.
02/17/2018
ICE steps up enforcement at businesses in California, targeting employers and workers

A reminder for businesses that failure to comply with I-9 rules can lead to criminal penalties.

A wave of ICE audits targets businesses, looking for employers who might be hiring workers in the U.S. illegally. Along with sweeps in the L.A. area, the aggressive actions are the latest in a standoff between the Trump administration and California.

02/13/2018
16-55831 Marcella Navarrete v. Jessie Arana

We just found out that the Ninth Circuit streams and archives oral argument on YouTube. Have a look.

Video journalists Marvella Navarrete and Jose Castaneda appeal from the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their 42 U.S.C. § 1983 ac...

Read our Employment Law Blog for up to date information on employment law issues.
01/17/2018
DOL Abandons 6-Factor Internship Test

Read our Employment Law Blog for up to date information on employment law issues.

The U.S. Department of Labor has updated its fact sheet on internship programs to adopt the "primary beneficiary" test followed by the Sec...

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91107

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Thursday 09:00 - 17:00
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