Posts from July 2019.
Employer Reminder: California Employers Without Employee Retirement Plans Must Offer State Retirement Program

Beginning as early as June 30, 2020, California employers with 5 or more California-based employees not already offering an employer-sponsored retirement plan will have to begin offering a retirement savings program, either through the private market or by facilitating access to CalSavers, the state-run program.

The CalSavers program, established under SB 1234 in 2012, is intended to assist the estimated 7.5 million California employees without employer retirement savings plans. A pilot program was undertaken in late 2018, and beginning July 1, 2019, eligible ...

Additional EEO-1 Data Must Be Submitted By September 30

Employers with at least 100 employees, and federal contractors with contract of at least $50,000 and 50 or more employees, are well aware of the EEO-1 report requirement. EEO-1 reports are due on March 31 of each year and include data on employee race/ethnicity and gender, called “Component 1” data.  Component 1 data is submitted through a web portal maintained by the Equal Employment Opportunity Commission and is used by the EEOC and the Office of Federal Contract Compliance Programs to gauge compliance with federal equal opportunity laws. This year’s deadline was extended ...

California Consumer Privacy Act Update: Ongoing Efforts by the Attorney General and California Senate To Refine the CCPA Through Rulemaking and Amendments

As required by the California Consumer Privacy Act of 2018 (the “CCPA”), the California Attorney General’s Office (the “AG”) is hard at work crafting regulations related to the CCPA to be implemented by July 1, 2020.  The CCPA will go into effect on January 1, 2020, but the AG’s enforcement will not be initiated until later that year.  In the meantime, consumers and businesses alike are anxiously awaiting the AG’s first draft of the regulations.  The AG’s regulations are intended to clarify certain ambiguities in the CCPA and outline and implement rules for businesses to ...

In a Ponzi Scheme Are Referral and Broker Fees Recoverable?

Q: I am a receiver in a Ponzi scheme case. While I know I can sue to recover excess payments made to investors in the scheme, the false profit they were paid, per Donell v. Kowell, 533 F3d 762 (9th Cir. 2008), in my case large sums were paid as referral or broker fees to get investors to invest. Are those payments recoverable in the Ninth Circuit?

A: Yes. While there has been split in cases across the county on the issue, the majority view has been such payments are fraudulent transfers, because no “value” is given for the services rendered. Compare, Warfield v. Byron, 436 F3d 551, 560 (5th Cir ...

Employer Alert: New Law Prohibits Employment Discrimination Based on Natural Hairstyles

On July 3, 2019, Governor Gavin Newsom signed into law Senate Bill 188, the Crown Act (Create a Respectful and Open Workplace for Natural Hair).

The text of the law includes an explanation for its purpose. In pertinent part, SB 188 states that the “history of our nation is riddled with laws and societal norms that equated ‘blackness,’ and the associated physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment.” It goes on to state that the societal understanding of “professionalism was, and ...


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