Posts from July 2024.
The Battle for Supremacy: Federal Arbitration Act v. California Arbitration Act | By: Jared W. Slater 

Since its enactment, California courts have universally established the California Code of Civil Procedure section 1281.97 et seq., which governs the timely payment of fees in arbitration, allows no room for error. Within the last two months, the California Court of Appeals issued two competing decisions addressing whether the Federal Arbitration Act (“FAA”) preempts the California Arbitration Act (“CAA”), and by extension the statutory fee payment deadline set forth in section 1281.97.

In this corner, fighting for federal preemption, is Hernandez v. Sohnen ...

Another Blow to E-Signed Arbitration Agreements in California By: Jared W. Slater 

        Over the last decade, the use of e-signatures has become the norm for human resources departments when onboarding new employees.  The advent of resources like DocuSign, Taleo, BabooHR, and others have made this process simple, efficient, and very user friendly.  But with these technological advances comes increased scrutiny from California courts – particularly when evaluating electronically signed arbitration agreements.

            Generally, for an e-signed arbitration agreement to be enforced, an employer must demonstrate, beyond a “preponderance of evidence”, that the ...

Employer Reminder: Local Minimum Wage Increases on July 1, 2024 and Current Mileage Rates | By: Kelly O. Scott

July 1st Minimum Wage Increases

Each year on July 1st, a number of local municipalities and the County of Los Angeles raise their hourly minimum wage, based on changes to the consumer price index, and as required by local minimum wage ordinances. In contrast, and as we previously reported here, California customarily issues its annual hourly minimum wage rates each January 1st.

Beginning July 1, 2024, the following increases will apply to employers in the designated areas:

SOUTHERN CALIFORNIA

Municipality

Prior Minimum Wage

Minimum Wage on July 1, 2024

City of Los Angeles

(excluding ...

Governor Signs Law Exempting Restaurants From New Hidden Fees Law |  By: Cate A. Veeneman

Over the weekend, Governor Newsom signed Senate Bill 1524 into law, an emergency provision clarifying that Senate Bill 478, the “hidden fees” law that went into effect this week, will not apply to restaurants, bar, food concessions, grocery stores, or grocery delivery services in the same way it will apply to businesses in other industries. SB 1524 arose from concern in the restaurant industry regarding the impact SB 478 would have on restaurants following the issuance of guidelines from the California Attorney General Office in May.

As a reminder, SB 478 revises applicable code ...

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