Can California Employers Mitigate Wage and Hour Risks with An Arbitration Agreement?
Release Date: 07/12/2022
Important Changes to California's PAGA Law: What California Employers Need to Know Now
CalNeva Law Podcast
Brett invites Jared Hague and Travis Hodgkins to the podcast for a discussion about important changes to California’s New PAGA law. They cover key features of the law updates, new legislation nuances, and the importance of speed and taking proactive steps in strategically navigating these claims. Tune in for a list of action items that can be taken now to dramatically limit exposure to costly claims. Highlights: Nuances of the California wage and hour law. The importance of implementing arbitration agreements. How PAGA works and why it is a challenge for so many California...
info_outline
What California Employers Need to Know About the New Workplace Violence Prevention Plan Law
CalNeva Law Podcast
Jared and Brett invite James Boretti and Johnny Hernandez on to the show to talk about the latest California workplace violence law - SB553. Both James and Johnny have over 60 years of combined experience in OSHA compliance and SH&E Management and have resources to share on what employers can do to reduce the instances of violence on their premises in this podcast episode. Highlights: A little bit about your guests James and Johnny. There’s been an increase in workplace violence. What is the SB553 law all about? What is considered ‘violence’? ...
info_outline
Key Legal Updates for Nevada Employers on Wages, Contractors, and Accommodations
CalNeva Law Podcast
Jared and Brett talk about the latest legal updates in Nevada that are crucial for employers to understand. They discuss the specifics of Nevada law regarding gender expression discrimination, the implications of temporary furloughs on compensation, and important Nevada-specific minimum wage updates. The episode also talks about the updated definitions of independent contractors and the new legal protections for pregnant and nursing mothers in the workplace. Highlights: Follow Sutton Hague on social media? You could be eligible for a Starbucks gift card! Employers must accommodate...
info_outline
The California Legal Landscape in 2024: New Laws in Religious Accommodation, Paid Sick Leave, and Cannabis
CalNeva Law Podcast
In this episode, Jared and Brett navigate the latest updates in religious accommodation, gender dysphoria under the ADA, and the evolving definitions of sexual harassment. They delve into the significant legislative changes in California, including 30 new pieces of legislation that impact employer policies. Key topics include the implications of SB 700 on cannabis use in the hiring process, the challenges of non-compete agreements under California law AB 1076, and the intricacies of PAGA claims. This episode is a must-listen for employers seeking to stay informed and compliant in an...
info_outline
What California Employers Need to Know about Wage and Hour Law Compliance
CalNeva Law Podcast
This episode is a deep dive into the complexities of state versus federal regulations, the nuances of the Private Attorneys General Act (PAGA), and the critical ABC test for employee classification. From joint employer rules to the intricacies of wage order postings and commission agreements, this discussion is packed with essential insights. Join Brett and Jared as they dissect the critical aspects of wage and hour law compliance, offering a wealth of knowledge to help you steer clear of legal pitfalls and maintain a compliant and efficient workplace. Highlights: Don’t forget...
info_outline
Reductions in Force/Layoffs/Reduced Hours: What Employers Need to Know Now
CalNeva Law Podcast
There’s a lot of fear in the air right now. Brett has never been so busy within his practice and he’s been doing this for 35 years. During times of perceived economic downturn, litigation and lawsuits end up spiking up. In this podcast episode, Brett explains how to reduce your risk as much as possible when you’re considering letting go of some of the workforce. How do you approach this? How do you avoid getting sued for unfair termination? Brett covers all of this and more. Highlights: Brett and his office have been busy! There’s some economic disruption happening. What...
info_outline
Important Decision for California Employers Impacting Mandatory Arbitration Agreements
CalNeva Law Podcast
There’s a big development happening in California employment law that many employers have been waiting on. For a little while, California employers were in a bit of a limbo to understand whether mandatory arbitration agreements were enforceable or not. In this episode, Brett explains what an arbitration agreement is, what the AB51 is, and what does this new court ruling mean for employers with employees in the state of California. Highlights: What’s happening with legislation in California? Let’s give context and talk about what AB51 is. What is an...
info_outline
Important Actions for a Proper Workplace Investigation
CalNeva Law Podcast
Geralynn Patellaro has been practicing law for the last 20 years and is licensed in California and Nevada. During her time, she’s seen every conceivable workplace investigation and has experienced all facets of where it can go. In this webinar, Geralynn answers some frequently asked questions from employers, business owners, and HR. She covers everything from workplace sexual harassment lawsuits to how to conduct an investigation with international jurisdictions and witnesses. Highlights: A little bit about Geralynn and her background in law. There are certain distinctions you need...
info_outline
Can California Employers Mitigate Wage and Hour Risks with An Arbitration Agreement?
CalNeva Law Podcast
Brett Sutton and Jared Hague talk about the recent Wage and Hour ruling in the Viking River Cruise case, and talk about what California employers need to be aware of when it comes to class-action cases. If you’re a California employer, then this is an episode you won’t want to miss as it has some new information about the recent court ruling that could affect California-state specific employers going forward. Highlights: California has one of the strictest wage and hour rules in the entire country. There are frequent class action cases filed in California and it really hurts...
info_outline
What Employers Need to Know About California Meal and Rest Period Laws
CalNeva Law Podcast
Brett Sutton and Jared Hague talk about the latest update to California meal and rest period employment laws and what California employers need to know about this recent change. There are little nuances to this law that you need to be aware of and in this episode, Brett and Jared help make suggestions (not legal advice) on how to best navigate this within your company. Highlights: A bit of background around meal and rest period laws. There are significant financial consequences if you don’t properly provide meal and rest time to your California employees. Meal...
info_outlineBrett Sutton and Jared Hague talk about the recent Wage and Hour ruling in the Viking River Cruise case, and talk about what California employers need to be aware of when it comes to class-action cases. If you’re a California employer, then this is an episode you won’t want to miss as it has some new information about the recent court ruling that could affect California-state specific employers going forward.
Highlights:
- California has one of the strictest wage and hour rules in the entire country.
- There are frequent class action cases filed in California and it really hurts employers.
- There are two types of penalties employers can fall under with the wage and hour law.
- Can employees sign an arbitration agreement to help mitigate the risk on the employer?
- What is an arbitration agreement in a nutshell?
- What can be covered in an arbitration agreement between employer and employee?
- If you don’t have these certain key bullet points within your arbitration agreement that doesn’t include all these features, then it might not be enforceable.
- Employers can not require employees to enter into an arbitration agreement as a condition of their employment.
- What do you need to know about the AB51 law?
- Employers can include a class action waiver in their arbitration agreement.
- Let’s talk about the Viking River Cruise case.
- Every California employer should take arbitration agreements seriously.
- California law requires you to pay for the arbitration. That’s not a small amount, especially if a group of employees bring a class-action arbitration against you.
- An arbitration agreement with a class action waiver is as close as you can get to being protected.
- A very minor infraction in the California laws can just snowball into a big monster for an employer.
- The best thing you can do is make sure you’re in compliance with California Wage and Hour laws.
Resources: