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Intentional Wage Theft Can Subject Employers to Criminal Penalties

California has adopted a host of new labor and employment laws that will become effective on January 1, 2022. One such new employment law can be found in the California Penal Code. Assembly Bill (“AB”) 1003 adds section 487(m) to the California Penal Code where “grand theft” will be defined to include intentional theft of wages,...

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Court of Appeal Provides First Published Opinion Addressing PAGA Manageability

In Wesson[1], the Second District Court of Appeal held that trial court judges have inherent authority to limit and even strike unmanageable Private Attorney General Act (“PAGA”) claims. The Court of Appeal held that: “(1) courts have inherent authority to ensure that Private Attorney General Act (PAGA) claims can be fairly and efficiently...

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OFAC Issues Updated Ransomware Advisory

On September 21, 2021, the Department of Treasury’s Office of Foreign Assets Control (“OFAC”) issued an Updated Advisory “to highlight the sanctions risks associated with ransomware payments in connection with malicious cyber-enabled activities and the proactive steps companies can take to mitigate such risks.” The Updated...

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Mandated Retirement Plans for California Employers

Back in 2016, California passed legislation requiring employers with 5 or more employees to offer a qualified retirement plan or register with the state option: CalSavers.  CalSavers officially launched in 2019 as part of a phased rollout over a three year period. The first phase required employers with more than 100 employees to register, followed by...

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Court Rules Proposition 22 Is Unconstitutional

Millions of dollars were spent by rideshare and food delivery companies to ensure Proposition 22 (“Prop 22”) was passed by Californians last November 2020. This ballot initiative was passed by a wide margin and provided an independent contractor exception for “app-based” drivers. However, on August 20, 2021, a California Superior...

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Merger-and-Acquisition Activity

It may be counter-intuitive in light of the world-wide pandemic we continue to experience but, like the housing market in the United States, the market for buying and selling businesses is robust in 2021.  One explanation for the increased amount of merger-and-acquisition activity is the near-zero interest rates.  Cheap money allows prospective buyers to...

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