John Battenfeld

John Battenfeld

Morgan Lewis

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California Court of Appeal Expands Law on Separate Rest Break Payments

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

3/8/2017 - Appeals Compensation Employer Liability Issues Labor Code Minimum Wage Rest and Meal Break Sales Commissions Wage and Hour Wage Orders

California Supreme Court: No On-Duty, On-Call Rest Breaks

The California Supreme Court holds that California wage and hour laws prohibit on-duty and on-call rest breaks. On December 22, 2016, the California Supreme Court ruled that California “employers must relieve their...more

12/30/2016 - Employer Liability Issues On-Call Employees On-Duty Meal Period Waivers Rest and Meal Break Wage and Hour

Texas Court Enjoins Most of DOL's New Overtime Regulations

The regulations were scheduled to go into effect on December 1. On November 22, a judge from the US District Court for the Eastern District of Texas issued an order enjoining, on a national basis, all but a few parts of...more

11/23/2016 - DOL FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Ninth Circuit: Arbitration Agreements Cannot Require Employees to Individually Arbitrate Claims in Separate Proceedings

The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more

9/1/2016 - Appeals Arbitration Agreements Class Action Arbitration Waivers Collective Action Waivers Employment Contract Ernst & Young FLSA NLRA NLRB Protected Concerted Activity Section 7 Split of Authority Unenforceable Contract Terms Wage and Hour

Checklist for Employers to Comply with New California Laws

Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015. In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require...more

12/24/2014 - Employer Mandates Employment Policies New Legislation Wage and Hour Year-End Planning

California Supreme Court Enforces Class Action Waivers in Employee Arbitration Agreements

However, the court found PAGA representative action waivers unenforceable; employers should consider practical implications with respect to arbitration agreements. On June 23, the California Supreme Court issued its...more

6/30/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry

CAFA Jurisdiction Cannot Be Evaded by Limiting Amount in Controversy

The U.S. Supreme Court holds in a 9–0 decision that class action plaintiffs cannot promise to limit damages in an effort to remain below the Class Action Fairness Act's $5 million federal jurisdictional threshold....more

3/26/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

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