E-Blasts

On July 6, 2020, the California Supreme Court handed down clarity on the application of California’s wage and hour laws to employees who work primarily outside of California. In Oman v. Delta Air Lines, Inc., four Delta flight attendants filed a class action alleging that Delta failed to pay them at least the minimum wage for all hours worked.  The flight attendants also alleged that Delta failed to pay them within the required semi-monthly time frame under Labor Code section 204 and to provide comprehensive wage statements pursuant to Labor Code section 226. Delta successfully defended against all claims.

The National Labor Relations Board’s (“NLRB”) General Counsel has issued comprehensive suggestions for conducting in-person elections during the COVID-19 pandemic. You may read the full guidelines here.

Employers permitted to engage in an in-person election, must attempt to comply with the guidelines, which suggest:

Governor Newsom announced today that he is ordering ALL counties to close indoor operations in Restaurants, Wineries, Tasting Rooms, Bars, Clubs, Movies theaters, Family entertainment centers, Zoos, Museums, and Card rooms.

The Governor also ordered ALL bars, brewpubs, breweries, and pubs to close all operations both indoor and outdoor.

With the increase of Covid-19 cases in California, Governor Newsom is taking swift executive action. The Governor recently held a press conference on July 1st stating that he has ordered Bars, Wineries, Tasting Rooms, Movie Theaters, Family Entertainment Centers, Zoos, Museums, and Cardrooms to close indoor operations immediately in 19 counties.

The Governor’s Order only applies to these counties: Los Angeles, Sacramento, Orange, Riverside, San Bernardino, Santa Barbara, Contra Costa, Fresno, Glenn, Kern, Kings, Merced, San Joaquin, Solano, Stanislaus, Tulare, Imperial, Santa Clara, and Ventura.

The Governor held a press conference today stating that he has added 6 MORE counties to the watch list. In total, there are now 23 counties on the watch list. These 23 counties have had a surge of Covid-19 cases so the Governor is now monitoring them. These new counties are now ordered to halt indoor operations of Bars, Wineries, Tasting Rooms, Movie Theaters, Family Entertainment Centers, Zoos, Museums, and Cardrooms. The 6 counties added to the watch list are Colusa, Madera, Marin, Merced, Monterey, and San Diego.

The Governor’s Order now applies to these counties: Los Angeles, Sacramento, Orange, Riverside, San Bernardino, Santa Barbara, Contra Costa, Fresno, Glenn, Kern, Kings, Merced, San Joaquin, Solano, Stanislaus, Tulare, Imperial, Santa Clara, Ventura, Colusa, Madera, Marin, Merced, Monterey, and San Diego.

Employees recently won a big battle in court and are now allowed to pursue a jury trial. A California Appeals Court sided with the employees and held that they can seek commute time and mileage reimbursement. The Court reversed the lower court ruling that sided with the employer because only a jury can decide the issues of fact raised by the employees.

In Oliver v. Konica Minolta Business Solutions U.S.A., Inc., the Plaintiffs were employed by Konica Minolta Business Solutions as service technicians who were required to use their personal vehicles to travel to homes and businesses to provide printing and copying services to customers. The IT business, paid for travel time and reimbursement for mileage only during working hours from 8:00 a.m. to 5:00 p.m. The employees sued the employer, seeking commute time and reimbursement for mileage incurred during commuting to and from work.

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