In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court rejected the longstanding view that meal and rest break premiums are paid at the employee’s base rate, rather than at the more complicated regular rate of...more
7/16/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Under the Fair Labor Standards Act, retail or service establishment employees can be exempt from overtime pay requirements if they are paid more than one and a half times the minimum wage and more than half of their...more
Updated March 23, 2020: On March 22, 2020, the Public Health Department revised the list of “Essential Critical Infrastructure Workers,” highlighting the need for employers to keep abreast of the quickly evolving legal...more
The spread of the novel coronavirus and associated outbreak of the COVID-19 disease raise challenging questions for employers. This article will describe some of the U.S. wage and hour implications resulting from employers’...more
3/11/2020
/ Best Practices ,
Business Continuity Plans ,
Business Expenses ,
China ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Exempt-Employees ,
Furloughs ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Local Ordinance ,
Non-Exempt Employees ,
Policies and Procedures ,
Public Health ,
Reimbursements ,
Risk Management ,
Sick Leave ,
State and Local Government ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Work Schedules ,
Workplace Safety
This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
3/6/2020
/ Civil Rights Act ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Regulatory Oversight ,
Title VII ,
Wage and Hour
In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable. Unconscionability has long been a common-law defense to contract...more
9/19/2019
/ Arbitration ,
Arbitration Agreements ,
Berman Hearings ,
Car Dealerships ,
Contract Disputes ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Commissioners ,
Labor Regulations ,
Motion To Stay ,
Unconscionable Contracts ,
Unpaid Wages ,
Wage and Hour
This Annual Report on EEOC Developments—Fiscal Year 2018 (hereafter “Report”), our eighth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does...more
1/30/2019
/ Consent Decrees ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Regulatory Agenda ,
Settlement Negotiations ,
Subpoenas ,
Wage and Hour
A California court recently issued a decision clarifying when certain commuting time does not constitute work time under state law....more
This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more
2/28/2018
/ ADEA ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Big Data ,
Civil Rights Act ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Government Investigations ,
Harassment ,
LGBTQ ,
Mediation ,
National Origin Discrimination ,
Regulatory Agenda ,
Religious Accommodation ,
Sexual Harassment ,
Title VII ,
Transgender
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
2/27/2017
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Class Action ,
Compensation & Benefits ,
Conciliation ,
Corporate Counsel ,
Disability ,
Discovery ,
Discrimination ,
EEO-1 ,
Employee Benefits ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
GINA ,
Harassment ,
Hiring & Firing ,
Human Trafficking ,
Injunctive Relief ,
LGBTQ ,
Medical Records ,
National Origin Discrimination ,
Pay Gap ,
Race Discrimination ,
Recruitment Policies ,
Regulatory Oversight ,
Retaliation ,
Retirement ,
Settlement ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Small Business ,
Technology ,
Title VII ,
Transgender ,
Transparency ,
Voir Dire ,
Wages ,
Wellness Programs
This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
1/13/2016
/ Americans with Disabilities Act (ADA) ,
Annual Reports ,
Class Action ,
Corporate Counsel ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Hiring & Firing ,
Pregnancy Discrimination ,
Religious Discrimination ,
Wage and Hour ,
Wellness Programs ,
Young Lawyers
In This Issue:
- INTRODUCTION
..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015
..A. Key Statistics
...more
1/5/2015
/ Access To Justice ,
Americans with Disabilities Act (ADA) ,
Conciliation ,
Discrimination ,
Enforcement Statistics ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
PDA ,
Popular ,
Pregnancy Discrimination ,
Sexual Orientation Discrimination ,
Strategic Enforcement Plan ,
Wage and Hour
In this Report:
- Introduction
- Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC
- Overview...more