Under California’s paid sick leave law, with some limited exceptions, California employees are now entitled to accrue and take paid sick leave. California is the second state in the nation to mandate paid sick leave for its employees; Connecticut was the first. But unlike in Connecticut, California’s new paid sick leave law applies to employers of every size. Here’s how California’s new paid sick leave law works: To accrue paid sick leave with a particular employer, an employee must work for … [Read more...]
TCPA Class Action: U.S. Supreme Court Backs an Important Class Action Principle, For Now
In a TCPA class action decision issued on January 20, 2016, the U.S. Supreme Court pushed back against efforts by defendants to buy off the named plaintiff in order to avoid class action litigation. In Campbell-Ewald vs. Gomez, the Court ruled that a complete offer of relief by the defendant that is rejected by the representative plaintiff does not moot the class action case. The Telephone Consumer Protection Act and Unwanted Texts The case arose under the Telephone Consumer Protection Act … [Read more...]
ETF Fraud on the SEC’s Radar: Compliance Office Targets Exchange-Traded Funds
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations recently announced its priorities for 2016. The OCIE conducts examinations of the securities industry with the goal of improving the integrity of the capital and securities markets. The OCIE focuses on improving compliance, preventing securities fraud, monitoring risk and advising the full Commission on policy. One of the OCIE’s priorities for 2016 is to closely examine exchange-traded funds, known as … [Read more...]
Employee vs Independent Contractor: How California Law Protects Workers
California protects working conditions for employees in the state through a broad set of laws, rules and regulations. For example, California employers must pay their employees a minimum hourly wage (now at $9.00 per hour) and, generally speaking, one-and-a-half times the minimum wage for overtime work of more than 8 hours in a day or more than 40 hours in a workweek. There are exceptions for professional, managerial or technical employees who are exempt from the minimum wage laws. Employers in … [Read more...]
Class Action Waivers: CFPB Takes a Stand Against Arbitration Agreements That Ban Class Actions
After unprecedented levels of fraud by banks put the U.S. into the Great Recession in 2008, Congress created the Consumer Financial Protection Bureau to rein the abuse practices of consumer financial companies. This includes banks, credit unions, mortgage lenders, payday lenders, private education lenders, debt collectors, and credit reporting companies. Congress authorized the CFPB to enforce existing consumer financial protection laws and propose new regulations to protect consumers from … [Read more...]
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