Many business leaders celebrated the Supreme Court’s recent landmark ruling that offers a powerful new tool to fight back against regulatory agencies – but are hidden dangers lurking beneath this apparent victory? While the...more
Two new employment-related cannabis laws will soon take effect in California, which may prompt changes to your employee handbooks and workplace policies. One law adds new employee protections for off-the-job cannabis use, and...more
The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part...more
5/25/2022
/ CA Supreme Court ,
Corporate Counsel ,
Employer Liability Issues ,
Failure To Pay ,
Failure to Report ,
Hiring & Firing ,
Labor Code ,
Labor Law Violations ,
Rest and Meal Break ,
Statutory Deadlines ,
Wage and Hour ,
Wage Statements ,
Waiting Periods
The California Supreme Court ruled yesterday that if an employer fails to provide a legally compliant meal period or rest break, the wage premium they must pay out must be paid at the “regular rate of compensation” – which...more
The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more
Following up on his announcement that the state has made sufficient progress to begin the process of gradually reopening workplaces which were not designated as essential, California Governor Gavin Newsom just released the...more
Most employers do not spend much time reviewing pay statements—often a single piece of paper provided to employees each pay period containing the hours worked, amounts paid, and similar information usually accompanying the...more
In an important decision for employers in the healthcare industry, the California Supreme Court just approved the Industrial Welfare Commission’s long-standing exemption for health care workers in relation to second meal...more
12/11/2018
/ Appeals ,
CA Supreme Court ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Former Employer ,
Healthcare Workers ,
Hospitals ,
IWC ,
Labor Code ,
Motion to Vacate ,
On-Duty Meal Period Waivers ,
Remand ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
Late yesterday, President Trump selected Judge Brett Kavanaugh to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Kavanaugh would solidify the pro-business bloc of...more
In a groundbreaking decision, the California Supreme Court adopted a new legal standard yesterday that will make it much more difficult for businesses to classify workers as independent contractors, drastically changing the...more
5/1/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Transportation Industry ,
Trucking Industry ,
Wage and Hour ,
Wage Orders
In a unanimous decision, the California Supreme Court today issued a ruling that will have far-reaching effects for employers who pay employees a flat rate bonus and overtime. Specifically, the court ruled that when...more
Yesterday’s decision is good news for employers. It limits the ability of disgruntled former employees to seek whistleblower protection under the Dodd-Frank Act, and means there is one fewer weapon out there to be used...more
2/22/2018
/ Anti-Retaliation Provisions ,
Appeals ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employer Liability Issues ,
Former Employer ,
Hiring & Firing ,
Internal Reporting ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Whistleblower Protection Policies ,
Whistleblowers
Forward-thinking businesses are using social media to further their recruiting efforts. They know that in order to communicate with Millennials, you have to speak their language. To that end, the latest social media platform...more
10/4/2017
/ Affirmative Action ,
Disparate Impact ,
EEO ,
Fair Credit Reporting Act (FCRA) ,
Geolocation ,
Hiring & Firing ,
Millennials ,
New Hires ,
Recruitment Incentives ,
Snapchat ,
Social Media ,
Technology Sector
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more
8/2/2017
/ Ashley Madison ,
CA Supreme Court ,
Class Action ,
Data Breach ,
Department of Labor (DOL) ,
Electronic Records ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Gig Economy ,
GrubHub ,
Joint Employers ,
Local Ordinance ,
Medical Marijuana ,
Misclassification ,
OSHA ,
Over-Time ,
Pregnancy ,
Pregnancy Disability Leave Law ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
San Francisco ,
Settlement ,
Tip-Pooling ,
Uber ,
Updated Forms
In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more
7/18/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Contacts List ,
Discovery ,
Discovery Disputes ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Labor Law Violations ,
Litigation Fees & Costs ,
Motion to Compel ,
Privacy Concerns ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unduly Burdensome ,
Wage and Hour
Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,...more