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Is the Los Angeles Minimum Wage Increasing to $13.25 per Hour?

On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index...more

9/15/2014 - Employee Rights Minimum Wage Wage and Hour Wages

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California...more

9/11/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

BREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill

On Saturday, August 30, 2014, in the early morning hours and amid controversy among labor supporters, the California legislature passed a bill that provides workers with three paid sick days per year. Governor Brown...more

9/2/2014 - Employee Rights Paid Leave Popular Sick Leave

The Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order

As we discussed recently in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” last week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal...more

8/4/2014 - American Express v Italian Colors Restaurant Barack Obama D.R. Horton v NLRB Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors NLRB Oxford Health v Sutter Policy Violations Wage and Hour

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

7/31/2014 - Adverse Employment Action Appeals CFRA Discrimination FMLA Hiring & Firing Leave of Absence Retaliation Termination

EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues

Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update on the subject of...more

7/16/2014 - Corporate Counsel EEOC Employee Rights Pregnancy Pregnancy Discrimination

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

7/1/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

Supreme Court Clarifies ESOP Fiduciaries’ Obligations

On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA)...more

6/26/2014 - Employee Benefits ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS U.S. Bancorp

SCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?

Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more

6/25/2014 - Collective Bargaining Healthcare Medicaid Public Employees SCOTUS Unions

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

6/20/2014 - First Amendment Lane v Franks et.al Protected Activity SCOTUS Subpoenas Testimony Trials

Federal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases

A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA)...more

6/20/2014 - Appeals CAFA Class Action Class Certification Employer Liability Issues Federal Jurisdiction Jurisdiction PAGA

One Step Closer to a $10.10 Minimum Wage for Federal Contractors: Proposed Rule Implements EO 13658

On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The...more

6/16/2014 - DOL Federal Contractors Minimum Wage Wage and Hour Wages

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

6/4/2014 - ADA Affirmative Action Affordable Care Act DOL EEOC ERISA Executive Orders Final Rules FLSA HUD Minimum Wage NLRB Obama Administration OFCCP OMB Persuader Rules Proposed Regulation Regulatory Agenda Unions Unpaid Overtime Wage and Hour

High Court Rules Some Severance Payments Are Taxable

Yesterday, the Supreme Court of the United States held that severance payments are taxable under the Federal Insurance Contributions Act (FICA) when made to employees whose employment is involuntarily terminated. The Court...more

3/26/2014 - FICA Taxes Income Taxes Quality Stores Severance Pay Termination

Three Pointers on Handling Employees’ March Madness

It’s that time of year. Your office supply room smells of freshly copied pages titled “NCAA Tournament Bracket.” The words “underdog,” “upset,” “first round,” and “buzzer beater” are heard from watercooler conversations....more

3/20/2014 - Gambling Sports Sports Betting

Supreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue

Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an...more

3/19/2014 - FLSA Personal Liability SCOTUS Undocumented Immigrants Wage and Hour

How to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case

Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be...more

3/13/2014 - ADEA Age Discrimination Corporate Counsel Litigation Strategies

Is an End-of-Shift Security Clearance Compensable? The Supreme Court Will Decide Next Term

On Monday, March 3, 2014, the Supreme Court of the United States agreed to decide whether a company was required to pay overtime compensation to its workers for the time they spent passing through a security clearance at the...more

3/7/2014 - Employer Liability Issues FLSA SCOTUS Security Unpaid Overtime

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