Month: January 2019

Employer Law-Published Labor and Employment Cases in December 2018

January 13, 2019

Fresno Superior Court v. PERB (CA5 F075363 12/14/18)
PERB Authority/Court Personnel Rules.
Upholding broad restrictions on employee clothing, ban on solicitation during working hours and ban on displaying images in areas visible to the public, but finding regulations prohibiting distribution of literature in working areas were ambiguous.

Gerard v. Orange Coast Mem. Med. Ctr. (SC S241655A 12/10/18)
Meal Periods/Health Care Employees.
IWC wage order permitting health care employees to waive second meal period for shifts greater than 12 hours does not violate the Labor Code.

Moreno v. Visser Ranch, Inc. (CA5 F075822 12/20/18)
Respondeat Superior/Use of Company Vehicle.
Driver’s use of company truck for personal travel after work, where he was on call 24 hours a day and may have been required to use the truck at all times, can give rise to respondeat superior liability.


Filed Under: Labor & Employment

Employer Update

January 9, 2019

The new law affecting employers’ policies and practices is Senate Bill 1343, which changes the requirements around sexual harassment prevention training as of January 1, 2019. All employers with five or more employees are now required to provide 2 hours of sexual harassment prevention training to supervisors and 1 hour to administrative employees within 6 months of hire or promotion, and every 2 years thereafter. In addition, all employees must complete their training before January 1, 2020. The Department of Fair Employment and Housing determined that the training must be done during the 2019 calendar year. Even supervisors trained in 2018 must be retained. Temporary and seasonal employees must be trained within 30 days of hire or within the first 100 hours of their work, whichever is earlier. Temporary service employers will be responsible for training their employees who are placed with client-employers.

Filed Under: Labor & Employment