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With more than 9,000 provisions in the California Labor Code, the complexity of the state’s wage and hour law has led to confusion and many misconceptions. Here are 10 wage and hour myths employers should understand.
http://feedproxy.google.com/~r/shrm/california/~3/wkV4azllQko/10-california-wage-and-hour-myths-debunked.aspx

California’s Occupational Safety and Health Standards Board approved a rule allowing employees to access to their employer’s Injury and Illness Prevention Plan. The new standard is expected to take effect on Jan. 1, 2021.
http://feedproxy.google.com/~r/shrm/california/~3/AXlZ6nfkPUE/california-rule-gives-employees-access-to-iipp.aspx

The California Consumer Privacy Act (CCPA) went into effect Jan. 1. The law gives California residents the right to know, access and delete their personal data that is stored online, as well as the right to opt out of its sale. But it also allows them to file lawsuits against companies for data breaches of personal information resulting from a failure to implement “reasonable security.”
http://feedproxy.google.com/~r/shrm/california/~3/ZMp7dpQteCk/data-security-california-new-privacy-law-ccpa.aspx

An Asian-American employee in his fifties who alleged that the city of Los Angeles discriminated against him based on his race and age could not proceed with his bias claims because he didn’t suffer an adverse employment action, a California appeals court ruled.
http://feedproxy.google.com/~r/shrm/california/~3/u_-LED-NtyY/trivial-adverse-actions-not-basis-for-bias-claim.aspx

Apple is suing a former employee in California who the company claims started a rival business while on the clock. Although California law favors employee mobility and limits employers’ use of noncompete agreements, workers generally can’t use company time and resources to set up their own shop. Here are some points for employers to keep in mind about using noncompetes.
http://feedproxy.google.com/~r/shrm/california/~3/A2LtIRYYvcM/apple-sues-former-executive-for-starting-competitor-during-work-hours.aspx

A female software engineer’s gender-bias suit against Twitter could not go forward as a class action, a California appeals court ruled. The plaintiff alleged that the company’s promotion practices had a disparate impact against women.
http://feedproxy.google.com/~r/shrm/hrnews/~3/F4ZtobSA6to/former-twitter-engineer-denied-class-action.aspx

The fate of a California bill that restricts the use of employment arbitration agreements is still unknown following the latest development in a legal fight between the state and the business community.
http://feedproxy.google.com/~r/shrm/california/~3/pEE2tzPdKvM/uncertainty-surrounds-california-arbitration-bill.aspx

2020 is shaping up to be a banner year for benefits law, with three ERISA cases already on the US Supreme Court’s docket and a number of other high-profile lawsuits at the circuit court level that could attract the justices’ attention.

While waiting on the high court’s ERISA decisions, lawyers are watching litigation trends develop in the lower courts and waiting to see if the high court picks up another two ERISA cases.

McDermott’s Richard J. Pearl contributes to a Law360 article that look at what 2020 may hold for benefits litigation.

Access the full article.

Originally published on Law360, January 2020

https://www.employeebenefitsblog.com/2020/01/erisa-cases-to-watch-in-2020-all-eyes-on-the-high-court/

An employee who was discharged because a benefits coordinator mistakenly believed he was totally disabled and unable to work could proceed with his claim of disability discrimination, a California appeals court ruled.
http://feedproxy.google.com/~r/shrm/california/~3/sSZWRqfNo44/worker-erroneously-classified-as-totally-disabled-bias-claim.aspx

A hazardous waste treatment plant employee could not bring a court action for damages against his former employer for injuries he claimed he sustained due to workplace lead exposure, a California appeals court ruled. The employee was limited to remedies available through the workers’ compensation system.
http://feedproxy.google.com/~r/shrm/california/~3/1Nc-DNN8AC4/calif-workers-comp-was-exclusive-remedy-for-lead-exposure.aspx