Monthly Archives: September 2015

DrivingTime

Travel Time – To Pay or Not To Pay?

Employers are often unsure as to whether they must pay nonexempt employees for travel time. Most employers are aware that they generally do not have to pay employees for normal travel from home to work and back. However, the issue becomes more difficult when nonexempt employees travel to various customer locations, trade shows, client meetings, etc.Continue reading→

Insurance definition

EPLI Coverage and Typical Exclusions

Employment Practices Liability Insurance (EPLI) coverage typically covers a claim that the named insured(s) (usually the employer) has become legally obligated to pay. There are two main forms of policies. A claims-made policy covers claims reported during the policy period (which will be identified in the policy itself). An occurrence policy requires that the act that is subject of the claim take place during the policy period. Only certain claims that are identified in the policy will be covered.Continue reading→

United States Court of Appeals Ninth Circuit

Ninth Circuit Affirms California Restriction on Arbitration Agreements

On September 28, 2015, a divided Ninth Circuit Court of Appeal upheld California’s ban on PAGA waivers in arbitration agreements. Sakkab v. Luxottica Retail N. Am., Inc., No. 13-55184, 2015 WL 5667912 (9th Cir. Sept. 28, 2015). The 2 to 1 decision held that the ruling of the California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) prohibiting employee waivers of representative Private Attorney General Act of 2004 (“PAGA”) claims in workplace arbitration agreements, did not violate the Federal Arbitration Act (“FAA”) which requires that arbitration agreements be enforced according to their terms.Continue reading→

Will Klatte served as a Panel Speaker at Professional Liability Underwriting Society

SEPTEMBER 2015 – Will Klatte served as a Panel Speaker at Professional Liability Underwriting Society (“PLUS”) Southern California Chapter Program & Debate on “Substance Abuse & Marijuana in the Workplace.”  He discussed the interaction between state and federal employment laws and laws authorizing medical marijuana use.  He noted that five states (Nevada, Arizona, Minnesota, New York, and Delaware) expressly provide some level of workplace protection for medical marijuana users.  He cautioned that even in states where accommodation is not required, employers may be forced to defend whether their actions constituted a legitimate enforcement of drugfree workplace policies or unlawful discrimination based on the underlying medical condition.

KBY is General Counsel Joni Lee Gaudes’ go-to firm for California labor and employment issues

SEPTEMBER 2015 – The Los Angeles Daily Journal profiled General Counsel, Joni Lee Gaudes of FCTI, Inc. FCTI is a KBY client that provides ATM processing services for over 6,500 ATMs in all 50 states. As General Counsel, Ms. Gaudes oversees all legal aspects of FCTI. While recognizing other law firms in different practice areas, Ms. Gaudes gave a special “shout-out” to KBY Law as her go-to firm for California labor and employment issues.

Upfront dismissal of all claims in a wage and hour class action lawsuit

SEPTEMBER 2015 – Orange County Superior Court. Obtained upfront dismissal of all class claims on behalf of a National Pipeline Manufacturer in a wage and hour class action lawsuit brought by a well-known class action Plaintiff’s firm. The dismissal was prior to discovery or the filing of any class certification motion.

Will Klatte and Summer Young-Agriesti recognized as California Super Lawyers

AUGUST 2015 – KBY attorneys Will Klatte and Summer Young-Agriesti recognized as California “Super Lawyers.” This is Will Klatte’s eighth year as a Super Lawyer. Summer Young-Agriesti has just broken out of the “Rising Star” category; this is her first year being recognized as a Super Lawyer.