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New Law Puts California Businesses On The Hook For Wage And Workers’ Compensation Claims By Temporary Workers Employed By Staffing...

A new law exposes California businesses to potential liability for claims by temporary workers. On September 28, 2014, Governor Brown signed into law AB 1897, which created California Labor Code § 2810.3. The new law requires...more

10/8/2014 - Contractors Employee Rights Employer Liability Issues Temporary Employees Wage and Hour Wages

California Court of Appeal Holds Employer Cannot Shorten Statute of Limitation on California Discrimination and Retaliation Claims

Can employers enter into binding agreements with employees to shorten the statute of limitations on discrimination and other employment claims? A California Court of Appeal decision answered that question with a resounding...more

4/1/2014 - Discrimination Retaliation Statute of Limitations

Court is (Still) in Session: Updates On Three Key Employment Cases Pending Before the United States Supreme Court

Back on October 8, 2013, we highlighted three cases currently pending on the United States Supreme Court docket that employers will definitely want to follow. The cases address issues ranging from the proper interpretation of...more

1/7/2014 - Canning v NLRB FLSA NLRB Sandifer v U.S. Steel Corp Sarbanes-Oxley SCOTUS

San Francisco “Flexible Workplace” Measure May be Tip of the Iceberg of Increasing Local Employment Regulation

October 2013, the San Francisco Board of Supervisors unanimously approved the “Family Friendly Workplace Ordinance,” which if signed by the mayor will expand protections for workers with family care-giving duties and require...more

10/16/2013 - Caregivers Employee Rights Flexible Work Arrangements Local Ordinance

Further Down the Rabbit-Hole we go: California’s Troubling Treatment of Incentive-Based Compensation Systems

On July 17, 2013, the California Supreme Court denied review of the Second Appellate District’s decision in Gonzalez v. Downtown LA Motors, 2013 Cal. App. LEXIS 257 (Cal. App. 2d Dist. Mar. 6, 2013), which addressed...more

7/30/2013 - Class Action Incentive Compensation Minimum Wage Piece-Rate Pay Wages

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

5/16/2013 - Back Pay Facebook NLRA NLRB Protected Concerted Activity Social Media Social Media Policy Unions

Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However, the closely divided court...more

4/3/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Rule 23 SCOTUS

Fifth Circuit to Consider In Re D.R. Horton in Light of Recent Court of Appeals Decision Striking Down Recess Appointments to NLRB

A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over one of the NLRB’s most controversial decisions from 2012....more

2/6/2013 - Barack Obama Canning v NLRB D.R. Horton D.R. Horton v NLRB NLRA NLRB Pro Forma Sessions Recess Appointments

Class Certification Denied: California Court of Appeals Holds That Reliance Upon Legal, Companywide Policies Is Insufficient to...

On October 10, 2012, a California Court of Appeal held that a wage and hour class action could not be certified where the common company-wide policy at issue did not answer the “central liability” question of the case....more

11/28/2012 - Class Action Class Certification Wage and Hour

California Computer Software Employee Overtime Exemption Rate to Increase 2.6% on January 1

The California Department of Industrial Relations (DIR) released its 2013 hourly rate and minimum salary requirement adjustment for exempt computer software employees. Beginning January 1, 2013, the minimum hourly rate of pay...more

11/13/2012

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