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Use of Surcharges and Best Tips to Avoid False Advertising and Other Consumer Claims

Due to a myriad of legislative and court decisions, some restaurants particularly in California have elected to add a surcharge to their receipts to defray increased costs incurred over the last several years.  The increased costs of operating a restaurant can be attributed to minimum wage increases, healthcare, paid sick leave, restrictive scheduling, cost of food and ...
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Lasting Effects of the #MeToo Movement

It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally, the role of women, in the workplace. So, where are we now, and has anything changed? Was it just an awareness movement? Or, have things actually started to shift in the legal ...
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Court Finds that Restaurant Complied with California Law by Requiring Employees Purchasing Discounted Meals to Eat their Meals on Premises

In California, generally an employer may not employ a non-exempt employee for a work period of more than five hours per day without providing the employee with a meal period that may be taken off the premises. Yet, in the restaurant industry employers often provide employees free or discounted meals to be eaten on the ...
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The Most Aggressive Privacy Law in the U.S.: Tracking the California Consumer Privacy Act of 2018

Signed into law on June 28, 2018, the California Consumer Privacy Act provides the most comprehensive and aggressive privacy law in the United States — despite being pushed through the legislative process in one week. The California State Legislature will reconvene from Summer Recess on Monday, August 6, and it is expected to reevaluate the ...
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California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...
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Gram Shop Liability for On-Site Cannabis Consumption in California

Ian Stewart (Partner-Los Angeles) and Otis Felder (Of Counsel-Los Angeles)  have authored an article, “Gram Shop Liability for On-Site Cannabis Consumption in California,” published in the March 1, 2017, issue of Cannabis Law Journal. Ian and Otis point out that those considering the potential development of on-site cannabis use should not only inquire as to ...
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Minimum Wage Raise in California

It’s official: California goes for $15 minimum wage raise Some may say the minimum wage raise is inevitable. Of course there are staunch opinions on both sides raising very challenging issues. “Gov. Jerry Brown [of California] announced a landmark deal between lawmakers and union leaders that would increase the state’s minimum wage to $15 an ...
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Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016

by Paul L. Bressan and Louise Truong In past years the Governor of California has enacted new laws related to employment that place additional burdens on employers, while granting additional rights to employees. This year is no exception. Although there is some minimal relief to employers, Governor Brown has enacted a number of employee-friendly laws, ...
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